Jayaram Muduli vs State Of Odisha

 Savitri Ratho, J

BL APL No. 3724 of 2021 and I.A. No. 1378 of 2021

This matter is taken up through hybrid mode.

Mr. A.P. Bose, learned counsel for the petitioner and Mr. P.K. Mohanty, learned Addl. Standing Counsel for the State.

The petitioner is an accused in Mathili P.S. Case No.43 of 2021 corresponding to Special G.R. Case No. 39 of 2021 pending in the Court of the

learned Sessions Judge -cum- Special Judge, Malkangiri for commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

This I.A. has been filed for extension of interim bail granted to the petitioner vide order dated 30.11.2021 passed in I.A. No.571 of 2021 on the

ground of gynecological ailment of his wife. On the mention of Mr. A.P. Bose, learned counsel for the petitioner that the period of interim bail was to

expire on 07.01.20222 , this I.A was listed yesterday and Mr. P.K. Mohanty, learned Addl. Standing Counsel had been asked to obtain instructions

from the I.O. regarding genuineness of the medical documents annexed with the I.A.

Mr. Mohanty, learned Addl. Standing Counsel on instructions received from the I.I.C., Mithilli Police Station submits that he had enquired about the

genuineness of the OPD Ticket in respect of Purni Muduli, wife of the petitioner and found it to be genuine. He has also stated that she was suffering

from gynic problem. But now she has no such problem and has sound health condition and she is staying with family members. The instructions

received from the I.I.C., Mithilli Police Station were filed which is taken on record.

Perusal of the OPD Ticket shows that the doctor on 21.12.2021 has advised for operation of TAH for fibromyoma of uterus after one month to two

month to correct B.P. and anemia and hypertension.

Mr. A.P. Bose, learned counsel for the petitioner states that though the doctor has advised for the operation to be conducted after one month to two

month so that B.P., anemia and hypertension of the patient could be corrected , as the patient is now fit to undergo the operation, the period of interim

bail granted to the petitioner may be extended by a period of four weeks so that his wife can be operated upon in the meanwhile .

Considering the submissions of the learned counsel and the fact that period of interim bail granted in I.A. No.571 of 2021 will expire on 07.01.2022 ,

I am inclined to extend the period of interim bail till 04.02.2022. The petitioner shall surrender on 04.02.2002 positively in the learned Court below,

failing which warrant of arrest shall be issued against him .

The I.A is disposed of.

List this case on 14.02.2022. Before the next date, the learned counsel for the petitioner shall file the surrender certificate of the petitioner.

Urgent certified copy of this order be granted on proper application.

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