High CourtsSingle Bench

Rinku Moharana vs State Of Orissa

Orissa High Court · Decided on 6 January 2023 · Citation: (2023) 01 OHC CK 0001

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 302
RESULT
Disposed Of
CASE NUMBER
Bail Applecation No. 12036 Of 2022
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Judgment

9 paragraphs · 290 words

B. P. Routray, J

1.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.147/148/302/149, I.P.C.

2.

Heard Mr. J.K. Panda, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3.

Mr. Panda, learned counsel for the Petitioner prays does not press the bail application on merit, but prays that the Petitioner may be released on interim bail for some period as his wife is ill and requiring urgent treatment.

4.

Accordingly, the BLPAL is disposed of as not pressed.

5.

However, considering the period of detention of the Petitioner inside custody since 25.10.2020 and the stage of trial that the charge has not yet been framed, as submitted by Mr. Panda, and the submissions that his wife is urgently requiring medical treatment, it is directed to release the Petitioner on interim bail for a period of six weeks from the date of his release in connection with Khandagiri P.S. Case No.540/2020 corresponding to C.T. Case No.92/2021 on such terms and conditions to be fixed by learned 3rd Addl. Sessions Judge, Bhubaneswar as he deems just and proper including the condition that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, he shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

6.

It is made clear that the Petitioner shall surrender in the trial court on or before 23rd February, 2023, failing which learned trial court shall take appropriate steps including issuance of NBW of arrest to apprehend him.

7.

An urgent certified copy of this order be granted on proper application.

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