Rabindranath Barik vs The State Of Odisha
- Neutral2017 INSC 638
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
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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