Jayaprakash Pati And Others vs State Of Odisha

I.A. No.590 of 2021

This matter is taken up by video conferencing mode.

Appellant No.1-Jayaprakash Pati, who has been convicted under Section 302/120-B/34 of the IPC and sentenced to undergo rigorous imprisonment

for life and to pay fine of Rs.25,000/- in default sentenced to undergo RI for six months by a judgment dated 21st February 2018 passed by the learned

2nd Additional Sessions Judge, Balangir in Sessions Case No.47/24/11 of 2013-16, has filed the present I.A. for bail or alternatively interim bail for a

period of six weeks.

Ms. Patnaik, learned Additional Government Advocate for the State-Opposite Party states that she had a discussion with the specialist Doctors of

the VIMSAR Hospital, Burla and it is transpired that it would be too risky to undertake a regular surgery for Appellant No.1’s hernia, which has

recurred and for that he has to undergo laparoscopic surgery, which facility is not available at VIMSAR Hospital, Burla.

In that view of the matter, the alternative prayer of Appellant No.1 in the present I.A. for interim bail is accepted. Accordingly, Appellant No.1 be

released on interim bail for a period of six weeks from the date of his release in connection with the aforementioned case with appropriate conditions

to be incorporated by the trial court in its order apart from fixing the amount for personal bond and sureties and further subject to his surrendering

immediately on completion of interim bail period and placing on record before this Court the surrender certificate.

The I.A. is disposed of.

CRLA No.212 of 2018 and Misc. Case No.515 of 2018

List on 21st September, 2021.

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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