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Rabindranath Barik vs The State Of Odisha

Supreme Court18 July 2017R. Banumathi · Kurian Joseph

Ratio decidendi

The rule this decision rests on

In modifying bail conditions, the Court may waive or reduce security requirements where the special circumstances of the case permit, including where substantial security has already been furnished by co-accused and the accused offers security through a benevolent relative or friend, even if such security is less than originally ordered.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1186 OF 2017 [@ SPECIAL LEAVE PETITION (CRL) NO. 1374 OF 2017 ]

RABINDRANATH BARIK Appellant(s)

VERSUS

THE STATE OF ODISHA Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is aggrieved since the High Court

declined to pass an order for modification of the

security ordered as a condition for the bail.

3. We are informed that the investigation has been

completed and the chargesheet has been laid. We are

also informed that the other two co-accused have

furnished cash security of Rs. 50 Lakhs and property

security of Rs. 50 Lakhs each. Thus, there is

altogether a security of Rs. 2 Crores before the

Court.

4. Having regard to the special circumstances of the

case and in view of the security already secured by

the court, we are of the view that it is in the Signature Not Verified

interest of justice that the condition of bail is Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.05 12:54:03 IST Reason:

relaxed in the case of the appellant.

5. The learned counsel for the appellant submits 2

that the appellant does not have exclusive property

to offer security, however, a benevolent

friend/relative has come forward to offer the

security worth Rs. 15 Lakhs.

6. In the peculiar facts of this case, this appeal

is disposed of, waiving off the condition of the bail

and substituting the condition only as solvent

property security of Rs. 15 Lakhs. The same shall be

offered within a period of one month from today.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

July 18, 2017.

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