NATA @ MAHESWAR MAHAKUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is an accused in G.R. Case No.287 of 2005 pending in the Court of learned J.M.F.C., Basudevpur involving offence under Section 498 -A/506/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961.

(2.) HEARD learned counsel for both sides.

(3.) LEARNED counsel for the petitioner has submitted that the direction of Id. Addl. Sessions Judge, Bhadrak requiring the petitioner to remit Rs.500/ - (five hundred) every month as condition of bail is illegal and therefore is not sustainable. Learned Addl.Government Advocate appearing on behalf of the State has submitted that the petition has been filed after inordinate delay and therefore is not maintainable. He has further submitted that the petitioner should have first approached the Court granting bail to set aside the condition before approaching this Court and since this is a case involving cruelty on the part of the husband, the condition imposed is just and proper.