Rajesh Biswal vs State Of Odisha

Savitri Ratho, J

I.A. No. 1202 of 2023

This I.A. has been filed for releasing the petitioner on interim bail in connection with Gochhapada P.S. Case No. 114 of 2023 corresponding to C.T. (N) Case No. 111 of 2023 pending in the Court of the learned Special Judge, Phulbani registered for commission of offence punishable under Section 20(b)(ii)(C) of the NDPS Act.

This case has been adjourned to today to enable Mr. A.P. Das, learned Addl. Standing Counsel for the State to obtain instructions as report dated 12.10.2023 of the doctor was subsequent to the date of the report dated 10.10.2023 of the I.I.C.

Mr. A.P. Das, learned Addl. Standing Counsel for the State submits that he has received the report dated 17.10.2023 of the I.I.C. through whatsApp today and his explanation is that the treating doctor had assured the I.O. to submit the health condition report on 10.10.2023. Hence the letter of the I.I.C., Gochhapada Police Station had been prepared on 10.10.2023 indicating the opinion report of treating doctor as the enclosure. But the same report was receipt on 12.10.2023 through WhatsApp.

In view of the circumstances the I.I.C. should not have affixed the date 10.10.2023 below his signature when he has sent the report on 12.10.2023. He should be cautioned to be more careful while sending instructions or documents to this Court.

Perusal of the report dated 12.10.2023 of Dr. Pravat Kumar Panda reveals that Sudhakar Biswal has been suffering from diabetes and cardiac problems and had last visited him on 30.12.2022 where he was found with compromised kidney function and jdundice for which he had been advised hospitalization. After 30.12.2022, he has not report to him so it is not possible for him to state his present condition.

The I.O. has reported that he has visited the house of Sudhakar Biswal and found that he is walking freely and looking good and is attending the call of nature and his wife and sister in law are taking good care of him.

Considering the report of the doctor and the I.O. as it appears that there is no male member in the family of the petitioner other than his father who had been advised hospitalized in December 2022, I am inclined to release the petitioner on bail for a period of four weeks from the date of his release to enable him to arrange for treatment of his father.

Let the petitioner Rajesh Biswal be released on interim bail for a period of four weeks (from the date of his release) on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

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

(ii) He will not threaten or try to influence prosecution witnesses.

(iii) He will remain present in the trial Court on each date it if fixed for trial.

(iv) He will report in the Gochhapada Police Station on every Sunday between 2.00 p.m. to 4.00 p.m.

(v) On expiry of the period of interim bail, the petitioner shall surrender before the learned trial court without fail along with the documents in support of the treatment or arrangement, he has made for his father.

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

The I.A. is accordingly disposed of.

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

BLAPL No. 10553 of 2023

List this case on 20.11.2023.

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