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Judgment
24 paragraphs · 745 wordsSavitri Ratho, J
BLAPL No. 4546 of 2024 & I.A. No. 495 of 2024
This bail application has been listed on Special Notice as mention was made in the first hour by Mr. M.S. Hassan, learned counsel for the petitioner that the petitioner wants to appear in the 6th Semester Examination in Civil Engineering Diploma course which commences from tomorrow i.e. 08.05.2024.
This is the second application of the petitioner under Section 439 of Cr.P.C. in this Court for grant of bail to the petitioner in connection with Puintala P.S. Case No. 199 of 2023 corresponding to Special G.R. Case No. 74 of 2023 pending in the Court of the learned Special Judge, Balangir registered under Section 20(b)(ii)(C) of NDPS Act.
BLAPL No. 14063 of 2023 filed earlier by the petitioner had been disposed of on 15.12.2023 granting him interim bail for a period of two weeks to enable him to appear in the 5th Semester Civil Engineering examination.
The prayer for bail of the petitioner and co-accused Chitta @ Chitta Ranjan Sahu and Sitakanta Dang have been rejected on 03.05.2024 by the learned 1st Additional District & Sessions Judge, Balangir.
In I.A. No. 495 of 2024, the prayer has been made to release the petitioner for a period of four weeks to enable him to appear in the 6th Semester Diploma Engineering examination in Sushree Institute of Technical Education (SITE), Sadeipali, Balangir.
In paragraph 4 of the I.A., it has been stated that the petitioner has filled up his form while he was in custody to appear in the examination and his 5th Semester examination is scheduled to be held in two phases from 08.05.2024 to 10.06.2024 and practicals from 02.05.2024 to 26.05.2024.
Mr. Bikas Swain, learned counsel for the petitioner submits that 5th Semester has been typed in place of 6th Semester in paragraph 4 as a result of typographical error and the petitioner is to appear in the 6th Semester examination.
Mr. S.S. Mohapatra, learned Additional Standing Counsel has taken instructions over telephone from IIC, Balangir Sadar Police Station in whose jurisdiction Sushree Institute of Technical Education (SITE), Sadeipali, Balangir. The IIC has obtained instructions from the Principle of the Institute that the petitioner has filled up his form to appear in the 6th Semester examination and he had appeared in the 5th Semester examination earlier.
Perusal of the examination notice reveals that the theory papers are from 08.05.2024 to 10.06.2024 and practical examination are from 02.05.2024 to 26.05.2024 for 6th, 4th, 5th (BP) and 2nd year pharmacy. Perusal of the examination notice reveals that the theory papers for 6th Semester are scheduled for 08.05.2024, 09.05.2024, 10.05.2024 and 15.05.2024.
Although there is no averment in the bail application or in the I.A. that the petitioner had appeared in the 5th Semester examination pursuant to order dated 15.12.2023 passed in BLAPL No. 14063 of 2023, as the petitioner is a student of Civil Engineering and wants to appear in the 6th Semester examination, I am inclined to release him on bail for a period of 3 (three) weeks till 28.05.2024 so that he can appear in theory as well as the practical papers.
The petitioner-Dipan Sahu @ Dipankar Sahu shall be released on interim bail for a period of three weeks on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :
(i) He will not indulge in any criminal activity while on interim bail.
(ii) He will not threaten or try to influence prosecution witnesses or tamper with prosecution case.
(iii) The petitioner shall surrender before the learned trial court after expiry of the period of interim bail on or before 28.05.2024.
(iv) He shall report before the I.I.C., Puintala Police Station on 11.05.2024 and 19.05.2024 between 6.00 p.m. to 7.00 p.m.
Violation of any condition will entail in cancellation of interim bail.
The I.A. isaccordingly disposed of.
The BLAPL shall be listed on 19.06.2024.
The learned trial court is requested to send a status report before the next date regarding the surrender of the petitioner and status of the trial.
Urgent certified copy of this order be granted on proper application in course of the day.
A copy of this order be supplied to Mr. S.S. Mohapatra, learned Additional Standing Counsel for onward transmission to the I.I.C., Puintala Police Station.
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