Orissa High Court
This Is An Application For Interim Bail ... vs Unknown on 25 July, 2018
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 3608 of 2016
11. 25.07.2018 I.A. No. 725 of 2018
This is an application for interim bail filed by the
petitioner Soumya Ranjan Mohanty.
Heard learned counsel for the petitioner and
learned Counsel for the State.
This is an application for interim bail in
connection with S.T. Case No.12/102 of 2016 arising
out of Nimapara P.S. Case No.291 of 2015 pending in
the Court of learned 1st Addl. Sessions Judge, Puri for
offence punishable under Sections 302/34 of the
Indian Penal Code.
The interim bail has been sought for on the
ground of ailment of the mother of the petitioner who
is stated to be suffering from Severe Uterus problem
and her treating doctor has advised her for immediate
operation.
Learned counsel for the State has produced
the report dated 22.07.2018 of IIC, Nimapara police
station in which it is mentioned that the averments
taken in the interim application that the mother of the
petitioner is seriously ill and suffering from severe
uterus problem and her treating doctor directed her
immediate operation is correct. The instruction is
taken on record. The averments taken in paragraph 3
of the interim application that the petitioner is the
only son is disputed by the IIC., Nimapara police
station.
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Learned counsel for the informant submitted
that the petitioner has other brothers to take care of
his mother.
In view of such submissions made by the
learned counsel for the respective parties, taking into
account the averments made in the interim
application, the medical documents annexed to the
interim bail application as well as the instruction
obtained from the IIC, Nimapara police station, I
direct that the petitioner shall be released on interim
bail and the interim bail period shall start from 27th
July 2018 and he will surrender before the learned 1st
Addl. Sessions Judge, Puri in S.T. Case No.12/102 of
2016 on 13th August 2018.
The petitioner shall be released on bail for the
aforesaid period on furnishing a bail bond of
Rs.50,000.00 (rupees fifty thousand) with two local
solvent sureties for the like amount to the satisfaction
of the Court in seisin over the matter with further
terms and conditions as the learned Court may deem
just and proper subject to condition that the
petitioner shall not try to come in contact with the
prosecution witnesses and he shall not tamper with
evidence and the IIC, Nimapara police station shall
keep a close watch on the activities of the petitioner
during the interim bail period. Violation of any of the
conditions imposed shall entail cancellation of interim
bail and the appropriate steps shall be taken in that
respect by the learned trial Court.
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List this matter on 16th August 2018. On that
date, the learned counsel for the petitioner shall
produce the surrender certificate of the petitioner.
The I.A. is disposed of.
Urgent certified copy of this order be granted
on proper application.
A free copy of the order be handed over to the
learned counsel for the State.
.............................
S.K. Sahoo, J.
P