Sandeep vs State Of Odisha

S.K. Sahoo, J

I.A. No.1526 of 2023

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

Heard.

This interim application has been filed by the petitioner on the ground that the father of the petitioner was suffering from lung cancer and has expired on 17.11.2023 and in order to perform the obsequies ceremony, the presence of the petitioner is necessary.

Learned counsel for the State was asked to obtain instruction on this interim application so also to verify the documents of the two local sureties which were furnished by the learned counsel for the petitioner as per order dated 29.11.2023.

Today, learned counsel for the State has produced the written instruction received from the Inspector in-charge of Mathili police station, Malkangiri to the effect that the father of the petitioner died on 17.11.2023. Similarly the documents of the local surety, namely, Bablu Sarkar was found to be genuine and that he is ready and willing to stand as a surety for the petitioner. The said instruction is taken on record.

Learned counsel for the State, however, submitted that though the documents of another local surety, namely, Balaji Harijan were furnished to him but it was little late for which instruction could not be obtained.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application and written instruction obtained by the learned counsel for the State, I am inclined to release the petitioner on bail for a period of four weeks from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the four weeks period.

For the above period, let the petitioner be released on interim bail in connection with T.R. Case No.36 of 2021 pending in the Court of learned Sessions Judge -cum- Special Judge, Malkangiri on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties, namely, 1) Bablu Sarkar and 2) Balaji Harijan each for the like amount to the satisfaction of the learned Court in seisin over the matter and with further terms and conditions as the learned Court may deem just and proper and he shall not indulge in any criminal activities while on interim bail.

Since the documents of Balaji Harijan have not been verified as yet, the learned trial Court while accepting the bail bond shall verify his documents through Inspector in-charge of Mathili police station, Malkangiri and if it is found to be genuine, correct and the said surety has no criminal cases pending against him, then his bail bonds shall be accepted.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

Accordingly, the I.A. is disposed of.

Issue urgent certified copy of the order during the course of the day.

A free copy of the order be handed over to the learned counsel for the State.

The Learned trial Court shall act upon the uploaded order without waiting for production of the certified copy if the learned counsel for the petitioner gives an undertaking to furnish the certified copy by next Friday (08.12.2023).

A copy of the order be communicated to the learned trial Court concerned for compliance by the learned Registrar (Judicial) during course of the day through e-mail.

BLAPL No.12446 of 2023

List this mater in the week commencing from 15th January 2024.

Learned counsel for the petitioner shall file the surrender certificate of the petitioner for consideration of the bail application on merit before the next date.