High CourtsSingle Bench(2021) 07 OHC CK 0102

Dusasan Bariki @ Dushasan Barik @ Dhusa Barik vs State Of Odisha

Orissa High Court · Decided on 14 July 2021

HON’BLE JUDGES
D. Dash J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 4486 Of 2021 @ Dhusa Barik

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Judgment

21 paragraphs · 388 words

D.Dash, J

 I.A. NO.708 OF 2021

1.

This matter is taken up by video conferencing mode.

2.

This is an application for grant of interim bail to the Petitioner, who has filed the above noted BLAPL No.4486 of 2021 since he is in custody in

connection with Chandanpur P.S. Case No.069 of 2021 corresponding to G.R. Case No.732 of 2021 on the file of learned S.D.J.M., Puri .

3.

Learned counsel for the Petitioner submits that the mother of Petitioner having died on 06.07.2021, the presence of this Petitioner at home is

necessary for joining in the “Sudhi Ceremony†and helping other family members in due performance of the same. In this connection, he has

invited the attention of the Court to the certificate granted by the local Sarpanch indicating the death of the mother of the Petitioner. In view of the

above, he urges for grant of interim bail to this Petitioner.

4.

Learned counsel for the State although does not dispute the factum of death of the mother of the Petitioner as reflected in the certificate granted by

the local Sarpanch, however, opposes the move in view of the pendency of the investigation further expressing apprehension of tampering of the

evidence by the Petitioner seriously impacting the investigation.

5.

Considering the submissions made and on going through the certificate granted by the local Sarpanch; it is directed that the Petitioner be released on

interim bail for a period of two weeks from the date of his actual release from custody on such terms and conditions as deemed just and proper by the

court in seisin of the case with further conditions that he will appear in person before the trial court on the date fixed during the period; will not indulge

himself in any criminal activity and will surrender before the said court after expiry of the period of interim bail without fail.

5.

The I.A. is accordingly disposed of.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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