Arif Khan vs State Of Odisha

R.K. Pattanaik, J

I.A. No.430 of 2022

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application filed for release of the petitioner on interim bail in connection with Malgodown P.S. Case No. 184 of 2014 corresponding to G.R. Case No. 1877 of 2014 in connection with S.T. Case No. 345 of 2016 pending in the court of learned Sessions Judge, Cuttack.

Learned counsel for the petitioner submits that mother of the accused is presently bed ridden and undergoing treatment and considering the above, he should be released on interim bail for a period of one month. With regard to the medical condition of the petitioner’s mother, certain medical documents vide Annexure-A has been filed. It is further submitted by the learned counsel for the petitioner that the accused has been released on interim bail in BLAPL Nos. 1809, 1898 and 1900 of 2022. The copies of the interim bail orders have been produced before the Court today by the learned counsel for the petitioner.

On perusal of the interim bail orders, it appears that this Court by individual orders dated 8th April, 2022 have granted interim bail for a period of one month in connection with respective cases.

In fact, in the present case, the trial is under way. As it appears from the earlier order passed in BLAPL No.8783 of 2021, the bail was refused to the petitioner with the observation that the trial was in progress and 19 out of 35 charge sheeted witnesses had already been examined.

But, at this juncture, considering the fact that the mother of the petitioner is ill which is revealed from the medical papers annexed to the interim application and the fact that the above such relief has been granted in other three cases vide BLAPL Nos. 1809, 1898 and 1900 of 2022 and taking into account the submissions of the learned counsel for the petitioner and State, the Court is of the humble opinion that the accused should be released on interim bail some days to attend his ailing mother and accordingly, it is ordered.

Resultantly, the petitioner is directed to be released on interim bail for a period of one month on such and terms and conditions as would be fixed by the learned court below in seisin over the matter with a condition that he shall not terrorize or influence any of the material witnesses who are yet to be examined in the trial in any manner whatsoever and shall surrender before the learned court below on expiry of the above period positively.

The I.A. stands disposed of.

Urgent certified copy of the above order be granted to the learned counsel for the petitioner in course of the day.

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