Tirthankar Patel vs State Of Odisha

D.Dash J

I.A. No.712 of 2021

This matter is taken up by video conferencing mode.

This is an application for grant of interim bail to the Petitioner, who has filed the above noted BLAPL No.5321 of 2021 since he is in custody in

connection with 2(C) CC No.14 of 2019 on the file of learned S.D.J.M., Titilagarh .

Mr. Ashis Kumar Mishra, learned counsel for the Petitioner submits that the mother of Petitioner has expired on 5th July, 2021 and the

Petitioner’s father, who is aged about 74 years, is now lying on bed being sick. He further submits that in such situation presence of this Petitioner,

who has been in custody for around two years, at home is badly necessary to look after his family in joining them for some time in this bereavement.

In support of death of the mother of the Petitioner, the learned counsel for the petitioner has invited attention of this Court to the certificate issued by

the Doctor attached to the local C.H.C. He, therefore, prays for grant of interim bail to the Petitioner.

Mr. Sunil Mishra, learned Standing Counsel for the CT & GST invites the attention of the Court to the fact that this Petitioner without indicating the

filing of BLAPL 6150 of 2020 has filed this BLAPL No.5321 of 2021. He further submits that prior to that in BLAPL No.7365 of 2019, the

Petitioner’s prayer has been rejected by this Court. In reply to the above, learned counsel for the Petitioner submits that he being not the counsel

for the Petitioner in BLAPL No.6150 of 2020 had no instruction in that regard and that is the reason it was not so mentioned in the present application.

He, however, submits that when he came to know about that, under his instruction, the Petitioner has asked the said counsel to withdraw that BLAPL

and to that effect a memo has been filed on 06.05.2021.

Considering the submissions made and on going through the certificate granted by the Medial Officer, Community Health Center; it is directed that

the Petitioner be released on interim bail for a period of fifteen days from the date of his actual release from custody on such terms and conditions as

deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the trial court on the date fixed

during the period; will surrender before the said court after expiry of the period of interim bail without fail.

The I.A. is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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