Firoj @ Salman Majhi vs State Of Odisha

S.K. Sahoo, J

I.A. No.284 of 2023

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

This is an application for grant of interim bail on the ground of ailment of the father of the petitioner, who is stated to be suffering from CVA and Liver cancer. Some medical documents have been annexed to the interim application.

Learned counsel for the State was asked to obtain instruction on the interim bail application.

Learned counsel for the State has produced the written instruction dated 25.02.2023 received from the Inspector in-charge of Adava Police Station, Gajapati which indicates as follows:-

“With reference to the case and subject cited above I have the honour to report that the father of the petitioner, namely, Sri Henera Majhi, S/o- Late Masaka Majhi of village-Sargiguda, P.S-Gudari, Dist-Rayagada has been sent to CHC Mohana for his medical examination who was suffering from CVA and Liver cancer and was undergone treatment at Rayagada and MKCG Medical College and Hospital, Berhampur with a prayer to state the present health condition of the patient. Dr. M. Shivram Medical Officer, CHC, Mohana treated him vide OPD No.2762 dated 25.02.2023 and opined that the patient is suffering from B/L medical penal disease CYSTITIS. Hepatomegaly report done in med images diagnostic centre. The medical documents of the patient are genuine. There is no male person in his family to look after him at this stage.”

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim bail application and the instruction obtained by the learned counsel for the State, I am inclined to release the petitioner on interim bail for a period of one month from the date of release and the petitioner shall surrender before the learned trial Court on expiry of the said interim period.

Let the petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court in connection Adava P.S. Case No.80 of 2020 corresponding to G.R. Case No. 51 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Paralakhemundi, Gajapati on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent local sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper.

I.A. is accordingly disposed of.

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

BLAPL No.11993 of 2022

List this matter on 21.04.2023.

Learned counsel for the petitioner shall file the surrender certificate of the petitioner by the next date.

Let a status report be called for from the learned trial Court i.e. Addl. Sessions Judge -cum- Special Judge, Paralakhemundi, Gajapati in G.R. Case No. 51 of 2020.

For such purpose the file be placed before the learned Registrar (Judicial) of this Court, who shall send a copy of this order to the Court concerned immediately through e-mail and the status report shall be furnished through e-mail so as to reach this Court on or before 19th April 2023.

Put up this matter on 21st April 2023.

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