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Judgment
 S.K. Sahoo, J
I.A. No.902 of 2021
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
This is an application for extension of interim bail period as per order dated 11.08.2021 in I.A. No.497 of 2021.
Mr. Manas Mohapatra, learned Senior Advocate appearing for the petitioner submitted that as per the aforesaid order dated 11.08.2021 passed in I.A.
No.497 of 2021, the petitioner was granted interim bail for a period of two weeks from the date of release and she has been released on bail and the
period is expiring on 27.08.2021.
He further submitted that during the interim bail period, the petitioner attended her ailing mother-in-law and minor child of eight years of age and also
consulted doctor concerning her own health and during thorough health check up of her mother-in-law, the doctor had suggested for Web Pet CT
Scan which relates to chemo/radiation for cancer patient as the mother-in-law is suffering from uterus cancer. The petitioner also consulted Neuro
surveon for her own ailment who advised her for MRI and the MRI report indicates early degenerative spondyloarpathty of lumbo sacral spine
involving cervical spine for which further treatment is required and it was suggested to her that she might have to undergo spine surgery to overcome
severe back pain. The copies of the medical reports of the petitioner and her mother-in-aw of the petitioner have been annexed to the interim
application. It is further argued that in the short period of fifteen days, the petitioner could not arrange any suitable and caring person to take care of
her minor child as the father of the child is in custody since last six years and in the absence of the parents, if the proper arrangement of the minor for
her upbringing is not made, the future of the child would be spoiled.
Mr. Mohapatra submitted that the interim bail period may be extended for one more month for the ends of justice so that the petitioner would be able
to settle her minor child, render proper medication to herself and to her mother-in-law.
Mr. Sarthak Nayak, learned Special Public Prosecutor appearing for the Republic of India has filed a copy of the affidavit along with the certain
documents, which are taken on record.
In the affidavit of the Deputy Superintendent of Police, C.B.I., it is mentioned that the medical condition of the petitioner is not that serious and the
certificates submitted by the petitioner are of a private hospital for which absolute reliance cannot be placed on such reports and there is nothing in the
MRI report to show that any special treatment or surgery is necessary. So far as the health condition of the mother-in-law of the petitioner is
concerned, in the affidavit, it is mentioned that the prescription which is attached is of a private hospital and she is having no serious ailment which
requires immediate action and only a test has been advised. It is further stated in the affidavit that the eldest son of the petitioner, who is a major can
take care of the minor child and there are servants including one lady so also the grandmother of the child, who can also take care of the child. It is
further stated that there is every likelihood that she would try her level best to unsettle the ongoing investigation by way of threatening or alluring the
witnesses and destruction of the evidence to be collected. Some statements have been annexed to the affidavit which indicates that Gautam Kundu
was on parole w.e.f. 09.08.2021 to 16.08.2021 and during that period, he called them and threatened them.
Adverting to the contention raised by the learned counsel for the respective parties and on going through the documents filed by the Deputy
Superintendent of Police, C.B.I., I find that there is no specific allegation that the petitioner has mis-utilized her liberty in any manner while on interim
bail though the allegation is levelled against her husband Mr. Gautam Kundu. The medical documents, which have been annexed to this interim
application are of Institute of Neurosciences, Kolkata, which are dated 16.08.2021 and 19.08.2021, which indicate regarding early degenerative
spondyloarpathy of lumbo sacral spine involving cervical spine and also the medical document of Netaji Subhas Chandra Bose Cancer Hospital,
Kolkata, which relates to the mother-in-law of the petitioner.
After hearing the learned counsel for both the parties, averments taken in the interim application as well as the affidavit filed by the Deputy
Superintendent of Police, C.B.I. and also going through the medical documents, I am inclined to grant extension of interim bail period of the petitioner
to one more week.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted on proper application during course of the day.
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