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Lingaraj Sahu vs State Of Odisha

Orissa High Court · Decided on 31 October 2023 · Citation: (2023) 10 OHC CK 0198

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 279, 304A, 337, 338 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21(b), 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12207 Of 2023
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Judgment

15 paragraphs · 379 words

Savitri Ratho, J

I.A. No.1413 of 2023

1.

This application has been filed by the petitioner No.1 to grant him interim bail in connection with Bolangir Town P.S. Case No.490 of 2023 corresponding to Special G.R. Case No.77 of 2023, pending in the file of the leaerned District and Sessions Judge, Bolangir under Section 21 (b)/29 of the N.D.P.S. Act.

2.

Mr. Gokulananda Sahu, learned counsel for the petitioners submits that during pendency of this bail application on account of a road accident, Dolamani Sahu, the father-in-law of petitioner No.1 expired on 25.10.2023 and the obsequies will be held on 03.11.2023 and 04.11.2023. He further submits that the son of Dolamani Sahu also sustained injuries and is bed-ridden for which there is nobody except the petitioner No.1 to arrange for the obsequies.

3.

When Mr.G.N.Sahu, learned counsel had mentioned the matter for listing yesterday and submitted the mention memo, the learned State counsel had been directed to obtain instructions. Today copy of the instructions dated 31.10.2023 of the IIC, Bheden Police Station is filed, wherein it has been stated that Dolamani Sahu, father-in-law of the petitoner has met an accident on 24.10.2023 and was declared dead at VIMSAR, Burla. In this connection, Dhama P.S. Case No.170 dated 24.10.2023 under Sections 279, 337, 338, 304-A of IPC has been registered.

4.

Considering the submissions, I am inclined to allow the prayer for interim bail.

5.

Let the petitioner No.1-Lingaraj Sahu be released on interim bail for a period of three weeks with effect from 01.11.2023 by the learned Court below in seisin over the matter in connection with the aforesaid case, on such terms and conditions as deemed fit and proper, including the following conditions:

(i) He shall not indulge in any criminal activity while on bail.

(ii) He shall report before the Balangir Town Police Station on 07.11.2023, 13.11.2023 and 19.11.2023 between 11.00 a.m. to 1.00 p.m.

(iii) He shall not try to tamper with evidence or influence prosecution witnesses.

(iv) He shall surrender before the learned court below after expiry of interim bail, i.e., on or before 22.11.2023.

6.

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

7.

The I.A. is disposed of.

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

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