Braja Baske vs State Of Odisha

S.K. Sahoo, J

I.A.1012 of 2022

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for interim bail on the ground that the father of the appellant-petitioner has expired on 28.06.2022 and in order to perform the obsequies ceremony, the presence of the petitioner is very much necessary. The death certificate has been annexed to the interim application, which has been issued by the Sarpanch of Asana Gram Panchayat.

Learned counsel for the State submits that he is yet to obtain instruction on this interim application.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application and the document annexed thereto, I am inclined to release the petitioner on interim bail. The interim bail period shall start from 08.07.2022 and the petitioner shall surrender before the learned trial Court on 18.07.2022.

For the aforesaid period, let the appellant-petitioner be released on interim bail for the aforesaid period on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court i.e. learned Additional Sessions Judge, Bhubaneswar in T.R. Case No.2316 of 2016 with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner shall not indulge in any criminal activities in any manner and he shall not try to come in contact with the victim. The Inspector in-charge of Chandrasekharpur police station shall keep close vigil over the activities of the petitioner.

Before accepting the bail bonds, the learned trial Court shall obtain instruction through the Inspector in-Charge of Chandrasekharpur police station through virtual mode as to whether the averments taken in the interim application regarding the death of the father of the petitioner is correct or not and if it is found to be correct, then only the bail bonds shall be accepted.

Violation of any terms and conditions shall entail cancellation of interim bail.

I.A. is accordingly disposed of.

A free copy of the order be handed over to the learned counsel for the State, which will be forwarded to the Inspector in-charge, Chandrasekharpur police station to do the needful.

Urgent certified copy of this order be granted on proper application in course of the day.

CRLA No.505 of 2018

List this matter on 25.07.2022. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.

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