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Judgment
22 paragraphs · 646 wordsSavitri Ratho, J
I.A. No. 1665 of 2023
The petitioner is in custody in connection with Athmallik P.S. Case No. 131 of 2023 corresponding to Special (NDPS) Case No. 11 of 2023 pending in the Court of the learned Special Judge, Athmallik under Sections 20(b)(ii)(C)/29 of NDPS Act.
This matter was not in the list today. As the learned counsel for the petitioner mentioned that Santoshini Urma, wife of the petitioner died on 13.12.2023 in a road accident and release of the petitioner is necessary for attending the obsequies ceremony of the deceased-wife, the case was listed today by way of a special notice.
This I.A. has been filed for releasing the petitioner Sarmit Urma @ Milu on interim bail for a period of 30 days for attending the obsequies ceremony of his deceased-wife Santoshini Urma who died on 13.12.2023 at S.C.B. Medical College and Hospital after meeting with an accident.
When the matter was mentioned in the first hour, Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State had been directed to obtain instructions. He has produced instructions dated 15. 12.2023 of the I.I.C., Mangalabag Police Station, Cuttack wherein it has been stated that on 14.12.2023 on receipt of Casualty Memo Regd. No. 803759 dated 13.12.2023 from Dr. Akash Samal, S.C.B. Medical College and Hospital, Cuttack regarding Santoshini Urma, W/o. Milu @ Sarmit Urma of Village Chandrapur, P.S.-Athmallik, Dist.- Angul, who was received dead at Trauma Casualty of S.C.B. Medical College and Hospital, Cuttack on 13.12.2023 at 10. 00 p.m. due to head injury, Mangalabag P.S. UD Case No. 2547 dated 14.12.2023 has been registered and S.I., D.B. Mohanty of this Police Station is enquiring the U.D. Case. The said instruction is taken on record.
Mr. A.K. Sahoo, learned counsel for the petitioner submits that the petitioner may be released on interim bail for a period of four weeks to enable him to participate in the obsequies.
Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State submits that although the I.I.C., Mangalabag Police Station has informed about the death of one Santoshini Urma, W/o. Milu @ Sarmit Urma, but the identity of Santoshini Urma may be confirmed through the I.I.C. of Athmallik Police Station before the petitioner is released on bail.
Considering the submission of the learned counsel, I am of the considered view that it would be in the interest of justice to release the petitioner on interim bail for a period of two weeks from the date of his release to enable him to participate the obsequies ceremony of his wife late Santoshini Urma who is stated to have expired on 13. 12.2023.
The petitioner Sarmit Urma @ Milu shall be released on interim bail for a period of two weeks or till 02.01.2023 whichever is later on such terms and conditions as may be fixed by the learned Court below in seisin over the matter subject to verification from the local police station that the wife of the petitioner has expired on
12.2023, including the following conditions :
(i) He will not indulge in any criminal activity while on interim bail.
(ii) He will not threaten or try to influence prosecution witnesses or tamper with prosecution case.
(iii) He shall report before the I.I.C., Athmallik Police Station on 18.12.2023, 20.12.2023, 22.12.2023, 24.12.2023, 26.12.2023, 28.12.2023 and 30.12.2023 between 3.00 p.m. to 4.00 p.m.
(iv) The petitioner shall surrender before the learned trial court after expiry of the period of interim bail i.e. on or before 02.01.2024.
Violation of any condition will entail in cancellation of interim bail.
The I.A. is disposed of.
Urgent certified copy of this order be granted on proper application in course of the day.
BLAPL No. 12334 of 2023
List this case on 18.12.2023 along with BLAPL No.12773 of
2023 as directed earlier.
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