Umashankar Majhi vs State Of Odisha

R.K. Pattanaik, J

I.A. No.153 of 2022

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

This is an application filed for release of the petitioner on interim bail in connection with Junagarh P.S. Case No. 15 of 2020 corresponding to C.T. Case No. 14 of 2020 pending in the court of learned Additional Sessions Judge, Dharamgarh, Kalahandi on the ground that his wife is having serious health issues and has been advised to go for treatment for Cervical disc prolaps and Reticolopathy..

Learned counsel for the petitioner submits that on a similar ground, the learned court below had granted the accused interim bail and on expiry of which he surrendered and presently, trial is continuing and as far as his instruction is concerned, couple of witnesses have only been examined. It is further submitted that on humanitarian ground, the accused should be enlarged on interim bail for some days. It is also submitted that other accused persons are on bail, who equally participated in the alleged occurrence. In support of such submission, copies of the medical certificate and prescription have been referred to.

In this regard, learned counsel for the State placed a copy of the intimation received from the IIC, Junagarh P.S., wherein, it is mentioned that the petitioner’s wife, namely, Surekha Majhi to be suffering from fever and back pain since few days and she is unable to do daily chores and no other person is in the family to look after her.

Considering the above report dated 20th March, 2022 of the IIC, Junagarh P.S. and recording the submission of the learned counsel for the petitioner that the accused had once been granted interim bail by the learned court below, the Court is of the humble opinion that the petitioner should be released on interim bail for some days and accordingly, it is ordered.

Resultantly, the petitioner is directed to be released on interim bail for a period of one month on such and terms and conditions as would fixed by the learned court below in seisin over the matter with a condition that he shall surrender before the concerned court on expiry of the above period positively.

The I.A. stands disposed of.

Urgent certified copy of the above order be granted to the learned counsel for the petitioner in course of the day.

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