Shyamsundar Khatua vs State Of Odisha

Savitri Ratho, J

Ms. S. Mishra, learned Addl. Standing Counsel for the State prays for one day time to obtain instructions as directed by order dated 13.03.2024.

List this case on 27.03.2024 to enable Ms. S. Mishra, learned Addl. Standing Counsel to obtain instructions.

Mr. M.R. Mishra, learned Addl. Standing Counsel for the State submits that instructions have been received from the O.I.C. of Excise, Rairakhol Excise Station, Sambalpur on 14.03.2024 through WhatsApp.

So the I.A. is taken up for consideration.

This I.A. has been filed for releasing the petitioner on interim bail in connection with Rairakhol Excise Station P.R. Case No. 150 of 2023 corresponding to T.R. Case No. 33 of 2023 pending in the Court of the learned Addl. Sessions Judge -cum- Special Judge Court, Rairakhol, Sambalpur under Sections 20(b)(ii)(C), 29, 35 of NDPS Act.

In the instruction dated 14.03.2024, it has been stated that the O.I.C. of Excise, Rairakhol Excise Station, Sambalpur had gone to Boudh Town Hospital and also to Baurijharakata village to ascertain the condition of the wife of the petitioner and the doctor at Boudh as well as the wife of the petitioner submitted that she had undergone treatment at Boudh Hospital. Although the instructions do not mention that the wife Smt. Sabita Khatua is required to undergo any operation, but the document annexed to the I.A. reveals that it has been stated therein that she has been referred to VIMSAR Hospital, Burla for better management.

The instruction is taken on record.

Mr. N. Mohapatra, learned counsel for the petitioner submits that the release of the petitioner is necessary for taking her to Burla for consulting a doctor for better treatment.

In view of the above, 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 take his wife (Smt. Sabita Khatua) for check up by a doctor in Burla.

Let the petitioner Shyamsundar Khatua be released on interim bail for a period of two weeks (from the date of his release) 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) The petitioner shall surrender before the learned trial court after expiry of the period of interim bail i.e. by 06.04.2024 positively.

(iv) He shall file the documents pertaining the treatment given to his wife/consultation at Burla.

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.

BLAPL No. 1217 of 2024

List this case on 09.04.2024.

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