N RANGARAJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) LEARNED Addl. Standing Counsel accepts notice on behalf of the State of Orissa. Mr. B.C. Swain and his associates have filed Vakalatnama for Bhabanishankar Jagadev Mohapatra, who stands surety for the vehicle in question.

(2.) THOUGH the matter has been listed for admission, on the consent of the learned counsel for the parties, it is taken up for final disposal at the stage of admission.

(3.) MR . S.C. Acharya, learned counsel for the petitioner submits that the impugned order is against the provision and spirit of law and is unsustainable. According to him, when the surety expressed his reluctance to continue as the surety in respect of the indemnity bond, the trial Court should have given an opportunity to the petitioner to furnish a fresh surety and on furnishing the same, it should have allowed the vehicle to remain in zima of the petitioner. Mr. B.C. Swain, appearing on behalf of the surety Bhavani Shankar Jagadev Mohapatra submits that the vehicle is in the custody of the petitioner and unless he produces the same, he is not being discharged of his suretyship. He submits that the petitioner should be directed to produce the vehicle forthwith and thereafter Bhavani Shankar Jagadev Mohapatra should be relieved of the suretyship.