Orissa High Court
Kunti Meher vs State Of Odisha .... Opp. Party on 5 November, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7404 of 2021
1. Kunti Meher .... Petitioners
2. Bhuri Meher
Mr. Sarathi Jyoti Mohanty,
Advocate
-versus-
State of Odisha .... Opp. Party
Mr. J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 05.11.2021
I.A. No.923 of 2021
03. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
This is an application for interim bail on the ailment of petitioner no.1 Kunti Meher.
As per order dated 24.09.2021, learned counsel for the State has produced the report of the Superintendent, Sub-Jail, Bargarh wherein it is mentioned as follows:
"In inviting a kind reference to the above cited letter on the subject, I am to inform that the above named female sessions UTP // 2 // Kunti Meher, W/o. Bangaru Meher, aged about 65 years (as per I.C. warrant), Village- Chhakarkend, P.S. Sadar, Bargarh, Dist.- Bargarh has been admitted into this jail on 16.05.2020 in connection with C.T. No.456 of 2020 under sections 498-A/302/34 of the Indian Penal Code read with section 4 of the D.P. Act of the Hon'ble Court of S.D.J.M., Bargarh subsequently committed to session vide C.T. No.59 of 2020 of the Hon'ble Court of Sessions Judge, Bargarh. That due to non- availability of jail doctor at Sub-Jail, Bargarh and she is also suffering from blood dysentery, she has been treatment regularly from the date of admission at C.H.C., Bargarh and medicine has been continuing as per the advice of the treating physician of C.H.C., Bargarh. That she has suffering from bleeding piles and anaemia on 15.09.2021 she was check up and treatment at C.H.C., Bargarh. Subsequently, on 18.09.2021 again she was shifted to C.H.C., Bargarh due to her bleeding piles and anaemia, the above female sessions UTP was admitted at C.H.C., Bargarh at Medicine Ward by guard of the Jail staff and given three units of Blood at C.H.C., Bargarh. On 20.09.2021 for her better Page 2 of 5 // 3 // treatment of bleeding piles and anaemia the treating physician of C.H.C., Bargarh was referred to New D.H.H., Bargarh at Surgery Ward and given two units of Blood. Again on 24.09.2021 for her better treatment, the treating physician of D.H.H., Bargarh referred to VIMSAR, Burla. Now the said UTP is under treatment by the supervision of the treating physician of VIMSAR, Burla. In this context, I am also inform to the Hon'ble Court that after the formalities of care taking by the jail pharmacist of Sub-Jail, Bargarh, due to suffering from bleeding piles, anaemia and she has old age weakness the said female sessions UTP health is in worsen condition day-to-day. She is also unable to do her daily needed work and by the help of co-prisoner, she has managed her daily work facing many troubles."
The report filed by the learned counsel for the State is taken on record.
Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application, the medical documents annexed thereto and the instruction received by the learned counsel for the Page 3 of 5 // 4 // State from the Superintendent, Sub-Jail, Bargarh, I am inclined to release the petitioner no.1 on interim bail for a period of two months from the date of release and the petitioner no.1 shall surrender before the learned trial Court immediately on expiry of the two months period.
Let the petitioner no.1 Kunti Meher be released on interim bail for the aforesaid period in connection with Bargarh Sadar P.S. Case No.135 of 2020 corresponding to C.T. Case No.59 of 2020 pending before the learned Sessions Judge, Bargarh on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner no.1 shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence and she shall appear before the learned trial Court on each date on which the case would be posted for trial during the period of interim bail and she shall not indulge in any criminal activities in any manner.
Violation of any terms and conditions shall entail cancellation of interim bail.
I.A. is accordingly disposed of. Urgent certified copy of this order be granted on Page 4 of 5 // 5 // proper application.
( S.K. Sahoo) Judge BLAPL No.7404 of 2021
04. List this matter in the week commencing from 24.01.2022. Learned counsel for the petitioners shall produce the surrender certificate of the petitioner no.1 on the next date.
( S.K. Sahoo) Judge RKM Page 5 of 5