Shyamsundar Khatua vs State Of Orissa

Savitri Ratho, J

Mr. Nityananda Mohapatra, learned counsel for the petitioner has prayed for withdrawal of the bail application.

This  is  the  second  application  of  the  petitioner  under  Section 439 of Cr.P.C. 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 Section 20 (b) (ii) (C)/29/35 of the NDPS Act.

BLAPL No.13068 of 2023 filed by the petitioner earlier had been dismissed on 22.12.2023 granting liberty to the petitioner to move for bail afresh after completion of investigation.

Before completion of investigation, the present bail application was filed alongwith the I.A. No.147 of 2024 praying for release of the petitioner on interim bail for a period of two months as his wife was suffering from gynecological problems and was required to undergo operation.

The learned Addl. Standing Counsel had been directed to obtain instructions from the IIC, Bausuni Police Station regarding the health condition of Smt.Sabita Khatua, wife of Syamsundar Khatua and also obtain instructions from Dr.M.K.Sahoo of District Headquarter Hospital, Boudh if the documents are genuine and whether she is required to undergo an operation.

On 21.03.2024, Mr.M.R.Mishra, learned Addl. Standing Counsel has submitted that instructions had been received from the O.I.C. of Excise, Rairakhol Excise Station, Sambalpur through whatsapp stating that the OIC 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 of the petitioner is required to undergo any operation, but considering the submission of learned counsel for the petitioner that release of the petitioner was necessary for taking her to Burla for consulting a doctor for better treatment, the petitioner was granted interim bail for a period of two weeks.

I.A. No.369 of 2024 was filed thereafter stating that while the petitioner was on interim bail, he took his wife to VIMSAR Burla, Sambalpur for medical checkup and the doctor directed for her medical examination to be carried out but due to paucity of time, the petitioner was not able to accompany his wife for carrying out the medical examination as he has to surrender by 06.04.2024. A copy of the medical examination report had been annexed to the petitioner as Annexure-3.

As the entry in the medical report was illegible, Mr.M.R.Mishra, learned Addl. Standing Counsel was directed to obtain legible copy of the prescription or a prescription written in capital letters from the Associate Professor Department of O & G, Vimsar, Burla who has treated the wife of the petitioner, Smt. Sabita Khatua on 03.04.2024.

Today, Mr.M.R.Mishra, learned Addl. Standing Counsel produces the report of the OIC of Excise, Rairakhol Excise Station, Sambalpur who has stated that as per his requisition, the Professor, O & G, VIMSAR hospital, Burla has reported that no patient in the name of Sabita Khatua was registered in the OPD Register on 03.04.2024 and the Registration No. as mentioned in the prescription is not matching with the register so maintained by them. Further the signature is not matching with any of the doctors on duty on that day in the OPD and not authentic. The copy of the report supplied by the Professor, O & G, VIMSAR hospital, Burla has been annexed in the report.

Letter of the Professor, Ojaswini Patel, Department of O & G, VIMSAR, Burla dated 23.04.2024 is enclosed. She has informed the Superintendent, VIMSAR, Burla, Sambalpur that he was having his OPD on 3rd April, 2024 and on the same day, no patient in the name of Sabita Khatua was registered in the OPD register and the OPD serial no. in the OGOPD register on that day was from 4877 to 4958. But the registration no. of the supplied prescription is mentioned as 20965/3.4.2024 which is not matching with the register. The handwriting and signature present in the supplied prescription of Sabita Khatua is not matching with any of the doctors on duty on that day in the OPD. Hence, it is an unauthenticated medical prescription. The said instructions are taken on record.

List this matter on 26.04.2024 for further orders.

.…………………………….