Parimal Das vs State Of Odisha

S.K. Sahoo, J

I.A. No. 534 of 2023

This matter was not in today’s list. On being mentioned that it is a tied up matter and the mother of the petitioner has expired and interim application has been filed for interim bail on behalf of the petitioner to perform the obsequies ceremony, the matter was directed to be listed by way of a special notice and accordingly, it is taken up.

The interim application has been filed on the ground that the mother of the petitioner has expired on 10.04.2023 and the presence of the petitioner is necessary for performing the obsequies ceremony. Certificate issued by the Sarpanch of Mandapalli Gram Panchayat has been annexed to the interim application.

Learned counsel for the State was asked to obtain instruction on the averments taken in the interim application.

Today, Mr. Arupananda Das, learned Addl. Government Advocate for the State talked with the Inspector in-charge of Malkangiri police station and after due enquiry, it was reported that the averment taken in the interim application regarding the death of the mother of the petitioner is correct. He produces the written communication received from Inspector in-charge of Malkangiri police station, which is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim bail application 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 of the petitioner will start from 20th April 2023 and the petitioner will surrender before the learned trial Court on 8th May 2023.

The learned Court in seisin over the matter shall release the petitioner on interim bail for the aforesaid period in connection with Kalimela P.S.Case No.07 of 2021 corresponding to Special G.R. Case No. 05 of 2021 pending in the Court of learned Sessions Judge -cum-Special Judge, Malkangiri on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent local sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper.

Accordingly, the I.A. is disposed of.

Issue urgent certified copy as per Rules by tomorrow (20.04.2023).

The order be uploaded in the High Court Website in course of the day and the learned Court below shall act upon the downloaded copy of this order. Learned counsel for the petitioner in the learned trial Court shall file an undertaking to produce the certified copy of this order by 28th April 2023.

BLAPL No. 9148 of 2022

List this matter in the week commencing from 15th May 2023.

Learned counsel for the petitioner shall file the surrender certificate of the petitioner by the next date.

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