Sukanta Kumar Behera vs State Of Odisha

S.K.Sahoo, J

I.A.NO.765 OF 2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for interim bail.

Mr. S. Das, learned counsel for the petitioner submitted that though at the time of filing of the interim application, ground was taken that the elder brother of the petitioner was suffering from cancer and was under treatment but on 20.04.2024, the elder brother of the petitioner has expired and in support of such contention, he has filed a memo annexing the death certificate issued by the Utkal Hospital, Bhubaneswar. The memo is taken on record.

Learned counsel for the State submitted that though he has received the copy of the interim application so also the death certificate but in view of the paucity of time, it is not possible on his part to obtain instruction on the death certificate.

Considering the submissions made by the learned counsel for the respective parties, the document filed by the learned counsel for the petitioner and the further submission that the presence of the petitioner is necessary for performing obsequies ceremony, I am inclined to release the petitioner on interim bail for a period of fifteen days from the date of release and he shall surrender before the trial court immediately on expiry of the interim bail period subject to verification of the contention raised by the learned counsel for the petitioner that the death of the elder brother has taken place on 20.04.2024. In that respect, learned trial Court shall obtain instruction through the Inspector-in-charge, Chhendipada Police Station and if it is found to be correct, then only the bail bond shall be accepted.

Let the petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court, i.e, Adhoc Addl. Sessions Judge (F.T.S.C.), Angul in connection with C.T.(S) Case No.147 of 2021/C.T.(S) Case No.01 of 2022 on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with one local solvent surety for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the I.A. is disposed of.

Issue urgent certified copy as per Rules in course of the day.

CRLA NO.1410 OF 2023

List this matter on 17th May 2024.

Learned counsel for the appellant shall file the surrender certificate of the appellant by the next date.

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