Prasanta Mallik vs State Of Odisha

S.K. Sahoo, J

I.A. No. 2122 of 2022

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

This matter was directed to be listed at 2:00 p.m. as learned counsel for the petitioner mentioned in the first hour that the mother of the petitioner has expired and in order to perform the obsequies ceremony of his mother, he is filing an I.A.

Learned counsel for the petitioner was asked to supply all the documents to the learned counsel for the State for verification through the concerned Inspector in-charge of Chandrasekharpur police station. Accordingly, the case was listed “For Orders".

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for interim bail on the ground of death of the mother of the petitioner, copy of which has been served on learned counsel for the State. Let the I.A. be registered.

It is stated by learned counsel for the petitioner that the mother of the Petitioner, namely, Pramila Mallick died on 21.11.2022 and in order to perform the obsequies ceremony of his mother, presence of the Petitioner is very much necessary and therefore, the petitioner may be granted interim bail for some period. In support of such submission, the death certificate of the mother of the petitioner and other relevant documents have been annexed to the interim application.

As per earlier instructions, learned counsel for the State has produced written instruction from the IIC, Chandrasekharpur police station, Bhubaneswar-UPD dated 28.11.2022 wherein it is mentioned that the mother of the petitioner died on 21.11.2022 due to cancer.

Considering the submissions made by learned counsel for the parties, the averments made in the interim application so also 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. 28.11.2022 and the petitioner shall surrender before the learned trial Court on 12.12.2022.

Let the petitioner be released on interim bail for the aforesaid period in connection with Balichandrapur PS Case No. 189 of 2019 corresponding to CT Case No. 1138 of 2019 pending before the learned Addl. Sessions Judge-cum-Spl. Judge, Jajpur on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the 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.

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 Addl. Sessions Judge-cum-Spl. Judge, Jajpur by the learned Registrar (Judicial) of this Court through e-mail 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 30.11.2022.

BLAPL No. 5128 of 2022

List this matter in the week commencing from 19.12.2022. 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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