Sanjay Samantray vs State Of Odisha

S.K. Sahoo, J

I.A. No.1540 of 2023

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

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

This interim application has been filed by the appellant-petitioner on the ground that he is suffering from oral cancer for which he has undergone surgical operation and further treatment at Acharya Harihar Post Graduate Institute of Cancer, Cuttack so also chemotherapy.

Learned counsel for the petitioner submitted that the petitioner was earlier granted interim bail on some occasions and after availing the same, he surrendered at right time and therefore, there is no chance of his absconding.

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

Today, learned counsel for the State has produced the letter dated 13.07.2023 of the Superintendent, Sub-Jail, Nimapara along with the report of the Jail-Medical Officer, Sub-jail, Nimapara wherein it has been mentioned that the petitioner is complaining of hoarseness of voice with muffled speech and there was intermittent bleeding from oral cavity and his condition is gradually deteriorating and at present, he is not able to speak properly and also having difficulty in swallowing food particles and drinking water and looking at the current health condition, he needs to be referred for follow up treatment to cancer hospital as soon as possible for betterment of his health. The report is taken on record.

It appears from the case record that the petitioner was earlier granted interim bail vide order dated 08.08.2022 in I.A. No.1173 of 2022 for a period of two weeks, further granted interim bail for a period of two months vide order dated 12.09.2022 passed in I.A. No.1151 of 2022 which was extended for further ten weeks vide order dated 14.11.2022 passed in I.A. No.1806 of 2022. He was further granted interim bail for a period of two months vide order dated 11.04.2023 passed in I.A. No.1084 of 2022 and nothing has been pointed out that he has misutilized his liberty in any manner and it seems that the petitioner after availing the interim bail period, surrendered at right time.

Considering the submissions made by the learned counsel for the respective parties, the health condition report obtained by the learned counsel for the State from the Superintendent, Sub-Jail, Nimapara, the conduct of the petitioner in complying with the previous interim bail orders and since there is no chance of early hearing of the appeal in the near future, while not inclining to release the petitioner on bail on merit, I am inclined to release him on interim bail for a period of two months from the date of release. The petitioner shall immediately surrender before the learned Court below on expiry of the said two months period.

For the above period, let the petitioner be released on interim bail for the aforesaid period in connection with S.T. Case No.16 of 2020 of the Court of learned Addl. Sessions Judge, Nimapara 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 condition terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of accordingly.

Issue urgent certified copy as per Rules in course of day.

CRLA No.569 of 2022

List this matter in the week commencing from 3rd October 2023.

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

……………………….