Gangadhar Panduka vs State Of Odisha

Savitri Ratho, J

I.A. No.30 of 2020

This matter is taken up through hybrid mode.

Heard Mr.D.R.Mishra, learned counsel for the petitioner and Mr.P.C.Das, learned Addl. Standing Counsel.

The petitioner is in custody since more than two years in connection with a case registered under Section 20 (b) (ii) of the N.D.P.S. Act.

This I.A. has been filed by the petitioner-Gangadhar Panduka to grant him interim bail for a period of two months on the ground that his father is suffering from heart disease and has been referred to cardiology department of S.C.B. Medical College & Hospital, Cuttack for treatment and the petitioner is the only son and earning member of his family.

Vide order dated 09.11.2021, learned Addl. Government Advocate had been directed to obtain instructions from the I.O. regarding the health condition of the father of the petitioner-Arjun Pandka and further to obtain instructions if there is any other male member in the family who can look after the father of the petitioner.

Mr. P.C.Das, learned Addl. Standing Counsel produces the letter dated 20.11.2021 of the Inspector-in-Charge, Nandapur Police Station, wherein it has been stated that the father of the petitioner is an old man, aged about 68 years and chronic arthritis patient, who is unable to work properly and is under treatment of Dr. S.S.Sahu, MD (Medicine) of SLN Medical College & Hospital, Koraput. He has further stated that Smt. Mukta Panduka (mother of the petitioner), aged about 65 years is also suffering from various disease and unable to take care of herself and there is no other male members available in his family to look after the ailing father of the petitioner. The report be kept in the record and its soft copy be prepared.

Considering the said report and submissions of learned counsel for the petitioner, I am inclined to release the petitioner-Gangadhar Panduka on interim bail for a period of two months from the date of his release in connection with Rengali P.S. Case No.93 of 2019 corresponding to T.R. Case No.38 of 2019 pending before the learned Sessions Judge-cum-Special Judge, Sambalpur to enable him to arrange for treatment of his father, on such terms and conditions as the learned court below may deem fit and proper including the following conditions:

(i) He shall appear in the trial court on each date fixed for trial.

(ii) He shall report before the Rengali P.S. on every Saturday between 4.00 p.m. to 6.00 p.m. during period of interim bail.

(iii) He shall surrender before the learned court below immediately on expiry of the period of interim bail.

Violation of any condition will entail in cancellation of interim bail.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

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