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Susanta Sethi vs State Of Odisha

Orissa High Court · Decided on 26 April 2022 · Citation: (2022) 04 OHC CK 0154

HON’BLE JUDGES
S.K. Panigrahi, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 21(C), 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1949 Of 2022
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Judgment

13 paragraphs · 363 words

S.K. Panigrahi, J

I.A. No.473 of 2022

1.

This matter is taken up through hybrid arrangement.

2.

This interim application has been filed by the petitioner for grant of interim bail on the ground of illness of his wife.

3.

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

4.

The petitioner is in custody in connection with Special Case No.89 of 2020, arising out of Sahadevkhunta P.S. Case No.82 of 2020, pending in the court of the learned 3rd Additional Sessions Judge-cum- Special Judge, Balasore for commission of offences under Sections 21(C)/ 29 of the N.D.P.S. Act.

5.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.03.2020. He further submits that the wife of the petitioner is suffering from DUB ( Dysfunctional Uterine Bleeding) and the doctor has referred her for better treatment. In such view of the matter, since nobody is there to look after her except the petitioner, the petitioner seeks for interim bail.

6.

This Court vide order 22.04.2022 directed the learned counsel for the State to take instructions in the matter. Accordingly, the learned counsel for the State has obtained instructions from the Additional Director, Health Services Level-II, Surgery Specialist, Balasore. The said instructions reveal that the wife of the petitioner is suffering from DUB (Dysfunctional Uterine Bleeding) and her condition is not stable. She requires for better treatment.

7.

In view of such facts and circumstances, it is directed that the petitioner be released on interim bail for a period of forty-five days reckoning from the date of his release on interim bail by the court in seisin over the matter in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin over the matter with further condition that the petitioner shall surrender before the court in seisin over the matter on or before the exact date of completion of interim bail period.

8.

Violation of any of the conditions shall entail cancellation of the interim bail granted to the petitioner.

9.

Accordingly, the I.A. is disposed of.

10.

Urgent certified copy of this order be granted on proper application.

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