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Sarmit Urma @ Milu vs State Of Odisha

Orissa High Court · Decided on 22 February 2024 · Citation: (2024) 02 OHC CK 0220

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 317 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12334 Of 2023
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Judgment

19 paragraphs · 553 words

Savitri Ratho, J

I.A. No. 139 of 2024

1.

This I.A. has been filed by the petitioner for releasing him on interim bail for a period of 60 days 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.

2.

Mr. A.K. Sahoo, learned counsel for the petitioner submits that the petitioner may be released on interim bail for a period of 60 days for collection of relevant documents and filing of the claim application before the competent Court as his wife has died in a motor vehicle accident. He further submits that in I.A. No. 1665 of 2023 the petitioner had been granted interim bail for a period of two weeks to perform the obsequies of his wife and he has surrendered on time.

3.

On 15.12.2023 in I.A. No. 1665 of 2023, the petitioner had been granted interim bail for a period of two weeks after the learned State Counsel has confirmed that wife of the petitioner Santoshini Urma has expired in a motor vehicle accident and her post mortem examination had been conducted in the S.C.B. Medical College and Hospital, Cuttack and Mangalabag P.S. UD Case No. 2547 dated 14.12.2023 had been registered.

4.

Considering the submission of the learned counsel for the petitioner and as it is not disputed that the wife of the petitioner has died in a motor vehicle accident in December, 2023, I am inclined to release the petitioner on interim bail for a period of 6 (six) weeks.

5.

The petitioner Sarmit Urma @ Milu shall be released on interim bail for a period of 6 (six) weeks on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, 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 will report before the I.I.C., Athmallik Police Station once in a week on every Sunday between 3.00 p.m. to 5.00 p.m.

(iv) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court passed under Section 317 Crl.P.C., in case trial has commenced or commences after his release.

(v) The petitioner shall invariably surrender before the learned trial court after expiry of the period of interim bail and before 08.04.2024 positively.

6.

Violation of any condition will entail in cancellation of interim bail.

7.

The I.A. is disposed of.

8.

Urgent certified copy of this order be granted on proper application in course of the day.

BLAPL No. 12334 of 2023

9.

The petitioner had been released on interim bail for a period of 2 weeks by order dated 15.12.2023 at attend the obsequies of his wife who died on 13.12.2023 and he had been directed to surrender on or before 02.01.2024. The surrender certificate has been annexed as Annexure-A to I.A. No. 139 of 2024 which indicates that the petitioner has surrendered on 02.01.2024 in the Court below and has been remanded to custody.

10.

List this case on 18.04.2024 along with BLAPL No.12773 of 2023.

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