Durga Madhab Ekka vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard Mr. D. Panda, learned counsel along with Mr. P. Mohanty, learned counsel for the Petitioner as well as Mr. P.C. Das, learned Additional Standing Counsel for the State-Opposite Parties.

I.A. No.361 of 2024

This Interlocutory Application has been filed seeking release of the petitioner on interim bail on ground stated therein.

Learned counsel for the petitioner at the outset submitted that the mother of the present Petitioner who was ailing, expired on 30.03.2024. In support of his contention, learned counsel for the Petitioner referred to the order dated 30.03.2024 passed in S.T. No.249 or 2023 by the learned Sessions Judge, Sundargarh. On perusal of the order dated 30.03.2024 it appears that the bail application was moved before the Trial Court for release of the Petitioner on interim bail on the basis of the certificate issued by the Sarpanch, Karamdihi G.P. certifying that the mother of the accused-Petitioner died in the morning on 30.03.2024. Accordingly, the learned Trial Court granted interim bail to the Petitioner for a period of three days. He further contended that on being released on interim bail, the Petitioner performed the last rites of his deceased mother. He further contended that for observance of the tenth and twelfth day rituals, the presence of the petitioner is required. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on interim bail for a period of two weeks.

Learned Additional Standing Counsel on the other hand contended that although the allegations made in the F.I.R. against the Petitioner are very serious in nature, however, considering the grounds taken in the I.A. for release of the Petitioner on interim bail, this Court should impose such conditions so as to ensure that the Petitioner surrenders before the Trial Court after the period of interim bail is over, otherwise the same would cause hindrances and delay in the conclusion of the trial.

Considering the submissions made by the learned counsels for the parties, on a careful consideration of the materials available on record, this Court observes that the mother of the petitioner died on 30.03.2023 as has been recorded by the Trial Court in its order dated

30.03.2024. However, he was released only for a period of three days. Considering the fact that for observance of the tenth and twelfth day rituals, the presence of the Petitioner is required, this Court is inclined to release the Petitioner for a period of two weeks from the date of his release. However, the Petitioner shall surrender before the Court below positively on the expiry of the period of the interim bail. The release the Petitioner shall also be subject to such other conditions imposed by the Court below while releasing the petitioner on interim bail.

BLAPL No.2810 of 2024

List this matter in the week commencing 22.04.2024.

Issue urgent certified copy of this order as per Rules in course of the day.

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