Jagadish Sahu @ Laxmidhar vs State Of Odisha

S.K. Sahoo, J

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

Perused the office note, which indicates that inadvertently in the order no.01 dated 20.03.2024 at the top of the page, the case number has been wrongly typed as 8ABLAPL No.100 of 20249 instead of 8BLAPL No.100 of 20249.

In view of such noting, in the order no.01, in place of 8ABLAPL No.100 of 20249, the same shall be read as 8BLAPL No.100 of 20249.

I.A. NO.451 OF 2024

This is an application for interim bail on the ground of death of the father of the petitioner and to perform the obsequies ceremony.

It is stated by the learned counsel for the petitioner that the father of the petitioner has expired on 26.04.2024 on account of prolonged illness and in order to perform the obsequies ceremony, the presence of the petitioner is very much necessary.

Learned counsel for the petitioner has annexed the death certificate issued by the Medical Superintendent so also local Sarapanch, Rupsa Samil Hasanpur Grama Panchayat as Annexures-3 and 4 to the interim application.

Learned counsel for the State submitted that the copy of the interim application has been served yesterday and he has not yet received instruction on the same.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application and the documents annexed therein, I am inclined to release the petitioner on interim bail for a period of two weeks from the date of release and he shall surrender before the learned trial Court immediately on expiry of two weeks period.

Let the petitioner be released on interim bail for the aforesaid period in connection with Rupsa P.S. Case No.32 of 2022 corresponding to S.T. Case No.302 of 2022 pending before the learned Adhoc Additional Sessions Judge (FTSC), Balasore on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner shall not indulge in any criminal activities in any manner and shall not try to tamper with the prosecution evidence.

Before accepting the bail bond, the learned trial Court shall verify the averments taken in the interim application about the death of the father of the petitioner through the Inspector in-charge of Rupsa police station, Balasore and only if it is found that the averments are correct, then bail bonds be accepted.

Violation of any terms and conditions shall entail cancellation of interim bail.

I.A. is accordingly disposed of.

BLAPL No.100 of 2024

List this matter on 17.05.2024. Learned counsel for the petitioner shall produce the surrender certificate of the petitioner on the next date.

Urgent certified copy of this order be granted on proper application during the course of the day.

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