Orissa High Court
BLAPL/865/2020 on 7 April, 2021
Author: D. Dash
Bench: D. Dash
BLAPL No.865of 2020
05. 07.04.2021 This matter is taken up through Video Conferencing
Mode.
This is the second journey of this Petitioner, who is in
custody in connection with AskaP.S. Case No.165 of
2019corresponding toS.T. No.85 of 2019pending in the court of
the learned Additional Sessions Judge, Aska, running for the
alleged commission of offence under sections
294/302/307/326/34, I.P.C. has filed this application under
section 439, Cr.P.C. for his release on bail.
Learned counsel for the petitioner at the outset instead of
pressing for grant of regular bail to the Petitioner confines the
prayer for grant of interim bail. He submits that the father of the
Petitioner, who has also been implicated in the case, has been
released on bail and one of the reasons for the same was that the
whole family would suffer in the absence of any male member at
home. It is submitted that now the father of the Petitioner,
namely, BijayaBehera is ill and unable to do anything in
providing support to the family in any way as also he is not able
to take care of himself and his treatment. In view of the above, he
prays for grant of interim bail to the Petitioner for a particular
period so that he would manage the situation at home for the
family members to survive and also take care of his father and
his treatment by arranging necessary funds.
Learned counsel for the State opposes the move.
Considering the submissions made, it is directed that the
petitioner be released on interim bail till 05.05.2021 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 court in seisin of the case on the date/dates
falling during the period of interim bail; and will surrender
before the said court on 6th May, 2021 without fail
Both the BLAPL and I.A. stand disposed of.
As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilize a soft copy
of this order available in the High Court's website or print out
thereof at par with certified copy in the manner prescribed, vide
Court's Notice No.4587 dated 25th March, 2020.
.......................
D. Dash,J.
H