Santosh Behera vs State Of Odisha

This is an application for interim bail filed by the sole appellant on the ground that his father has expired on 05.02.2026 and he seeks to attend the obsequies ceremony. In support of his contention, he has filed the medical documents as well as the Certificate issued by the Vice-Chairman, Nayagarh Municipality.

Heard learned counsel for the appellant and learned counsel for the State-Respondent.

The appellant has been convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (Rupees ten thousand), in default, to undergo R.I. for one year for the offence under Section 302 of the Indian Penal Code by the learned Sessions Judge, Nayagarh in S.T. No.49 of 2023.

Mr. Tripathy, learned counsel for the convict-appellant submits that in order to attend the obsequies ceremony of his father, the convict-appellant needs to be released on interim bail for a period of four weeks.

Regard being had to the submission made by Mr. Tripathy, learned counsel appearing for the convict-appellant that the father of the convict-appellant has expired on 05.02.2026 and he has to attend the obsequies ceremony of his father, we are inclined to enlarge the convict-appellant on interim bail for a period of four weeks from the date of his release.

Accordingly, we direct the learned Sessions Judge, Nayagarh to release the convict-appellant on interim bail for a period of four weeks from the date of his release, subject to verifying the documents regarding the death of the father of the convict-appellant. The learned trial Court shall also fix the terms and conditions as deem fit and proper in the facts and circumstances of the case. The convict-appellant shall surrender before the learned Sessions Judge, Nayagarh immediately on expiry of the interim bail period of four weeks and shall file surrender certificate.

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

Accordingly, the I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

(Manash Ranjan Pathak)

Judge

(Sibo Sankar Mishra)

Judge

CRLA No.616 of 2024

List this matter after four weeks.

Learned counsel for the appellant shall file the Surrender Certificate of the appellant on the next date.