1
ITEM NO.2 COURT NO.4 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).74-76/2024
(Arising out of impugned final judgment and order dated 02-08-2023 in IA No.1020/2023, order dated 06-10-2023 in IA No.1171/2023 and order dated 13-07-2023 in BLAPL No.5326/2023 passed by the High Court of Orissa at Cuttack)
BAISHNAB TANDI Petitioner(s)
VERSUS
THE STATE OF ODISHA Respondent(s)
IA No.260608/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No.260610/2023 – EXEMPTION FROM FILING O.T.

Date : 23-02-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Ms. Pallavi Pratap, AOR

For Respondent(s) Ms. Sharmila Upadhyay, AOR
Mr. Sarvjit Pratap Singh, Adv.

UPON hearing the counsel the Court made the following
O R D E R
1. Heard learned counsel for the parties and carefully perused the material placed on record.
2. The High Court vide order dated 13.07.2023, having found prima facie that the subject FIR is an outcome of a business related issue, ordered the release of the petitioner on bail but subject to the condition that he will deposit the cash security to the tune of Rs.5,00,000/- before his release and the balance amount
of Rs.15,00,000/- in five monthly instalments. The petitioner has deposited a sum of Rs.5,00,000/-, and then only, he was released on bail. He has now laid challenge to the condition imposed by the High Court regarding deposit of the balance amount of Rs.15,00,000/-. This Court, vide order dated 02.01.2024, has stayed the said condition.

3. It is not the case of the State counsel that the petitioner has, in any manner, ever violated the bail condition for that he does not deserve such a concession.

4. Taking into consideration all the attending circumstances, the condition No.2, contained in para 12 of the High Courts order dated 13.07.2023, regarding deposit of the balance
amount of Rs.15,00,000/-, is set aside. The petitioner has already furnished the bail bonds.

5. The Special Leave Petitions stand disposed of accordingly.
6. As a result, the pending interlocutory applications stand
disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)