Sunil Kumar Mohanty vs State Of Odisha .... Opp. Party on 26 April, 2023

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Orissa High Court

Sunil Kumar Mohanty vs State Of Odisha .... Opp. Party on 26 April, 2023

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            BLAPL No.6118 of 2019

              Sunil Kumar Mohanty                    ....      Petitioner

                                    Mr.Anirudha Das, Advocate

                                          -versus-

              State of Odisha                        ....     Opp. Party

                                    Mr.P.B. Tripathy,
                                    Addl.Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                      ORDER

Order No. 26.04.2023 I.A. No.607 of 2023

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

This is an application for interim bail sworn by the wife of the petitioner, namely, Purnima Mohanty on the ground that the father of the petitioner has expired on 22.04.2023 and in order to perform the obsequies ceremony, the presence of the petitioner is highly necessary. In support of the averments taken in the interim bail application, certificate issued by the local Sarpanch has been annexed to the interim bail application.

Learned counsel for the State submits that though he has received the copy of interim bail // 2 // application, he is yet to get instruction about the correctness of the averments taken in the interim bail application.

In view of such submission of the learned counsel for the State, since in the meantime, four days has passed and today it is the 5th day and taking into account the averments taken in the interim bail application and the certificate annexed thereto, I am inclined to release the petitioner on interim bail for a period of two weeks from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the two weeks.

Let the petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court in connection with G.R. Case No.1026 of 2018 arising out of Begunia P.S. Case No.183 of 2018 of the Court of learned S.D.J.M., Khurda with the following conditions:-

(i) He shall furnish bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent local sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper;

(ii) Before accepting the bail bond, the learned trial Court shall verify the averments taken Page 2 of 3 // 3 // in the interim bail application regarding death of the father of the petitioner through the Inspector in-charge of Baideswar Police Station as the petitioner is a man from village Painchia.

(iii) He shall not leave the territorial jurisdiction of the Baideswar Police Station without the prior permission from the Inspector in-

charge of Baideswar Police Station, who shall keep a close watch over the petitioner;

(iv) The petitioner shall not indulge in any criminal activities while on interim bail and shall not tamper with the prosecution evidence in any manner;

(v) The petitioner shall appear before the trial Court on all the dates fixed for trial during the interim bail period.

Accordingly, the I.A. is disposed of. Issue urgent certified copy as per Rules.

Let a free copy of this order be handed over to the learned counsel for the State for compliance.

( S.K. Sahoo) Judge Sipun Page 3 of 3

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