Kedar Majhi vs State Of Odisha

S.K. Sahoo, J

I.A. No.2013 of 2022

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

On being mentioned in the first hour regarding the urgency of hearing of the interim bail application on the ground of death of the father of the petitioner, the matter was directed to be listed by way of a Special Notice and accordingly, at 2.00 p.m. it is taken up.

Learned counsel for the petitioner in the first hour when stated about the death of the father of the petitioner and supplied some documents particularly, the affidavit of one of the co-villager of the petitioner and the certificate dated 16.11.2022 issued by the Sarpanch of Raipada Gram Panchayat, Mr. Arupananda Das, learned Additional Government Advocate was asked to obtain instruction on the same from the concerned police station.

When the matter was taken up after lunch, learned counsel for the State submitted that he contacted with the Inspector in-charge of Chandpur police station over phone to ascertain about the correct state of affairs and accordingly, the Inspector in-charge sent one of the police officer to the village of the petitioner to enquire into the matter and it is found, in fact, the father of the petitioner died Yesterday i.e. 16.11.2022 however, he submitted that he has not received the written intimation to that effect.

Though this interim application was filed for grant of interim bail on the ground of ailment of the father of the petitioner but in view of the affidavit filed by one of the co-villager of the petitioner today along with the certificate issued by the Sarpanch of Raipada Gram Panchayat and the instruction obtained by the learned counsel for the State, I am inclined to release the petitioner on interim bail. The interim bail period shall start from today i.e. 17.11.2022 and the petitioner shall surrender before the learned trial Court on 05.12.2022.

Let the petitioner be released on interim bail for the aforesaid period in connection with Chandpur P.S. Case No.37 of 2020 corresponding to S.T. Case No.34/102 of 2021 pending before the learned Additional Sessions Judge, Nayagarh 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 try to keep in contact with the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial. The Inspector in-charge of Chandpur police station shall keep a close vigil over the activities of the petitioner during the interim bail period.

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

Accordingly, the I.A. is disposed of.

A copy of this order be communicated immediately to the learned trial Court i.e. learned Additional Sessions Judge, Nayagarh by the learned Registrar (Judicial) of this Court and thereafter, if the bail bonds are filed, without waiting the certified copy of this order, learned trial Court shall do well to proceed to pass release order after verifying the documents in accordance with law and for such purpose, the file be placed before the learned Registrar (Judicial).

Learned counsel for the petitioner undertakes to file the certified copy of this order before the learned trial Court by 21.11.2022.

A free copy of the order be handed over to the learned counsel for the State, which will be forwarded to the Inspector in-charge of Chandpur police station to do the needful.

BLAPL No.11231 of 2022

List this matter in the week commencing from 12.12.2022. 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.

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