Siba Hantal vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Baripariguda P.S. Case No. 79 of 2009 corresponding to C.T. Case No. 35 of 2021 pending in the Court of learned Additional District Judge, Jeypore for the alleged commission of offence under Sections 147/148/323/326/302/201/149 of IPC.

It is submitted that all the co-accused persons have in the meantime been released on bail. Similar submission was made on an earlier application for bail filed by the petitioner which this Court did not accept and held that the petitioner stands on a different footing. However, considering the long period of detention of the petitioner in custody, two months interim bail was granted. It is submitted that the petitioner surrendered in time without misusing his liberty. It is further submitted that in view of his long incarceration, he may at least be released on interim bail for some time to look after his family affairs.

Considering the submissions as above and taking note of the conduct of the petitioner in surrendering to custody in time, I am inclined to take a lenient view. The bail application is disposed of directing the Court below to release the petitioner on interim bail for a period of one month from the date of his actual release on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case.

He shall surrender to custody on expiry of the aforesaid period, failing which appropriate warrant may be issued for his production.

The BLAPL is disposed of.

.…………………………..