Orissa High Court
BLAPL/5206/2019 on 16 July, 2019
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 5206 of 2019
I.A. No.762 of 2019
03. 16.07.2019 This is an application for interim bail.
Heard learned counsel for the petitioner and
learned Counsel for the State.
This is an application for interim bail filed by the
petitioner in connection with Special Case No.129(A) of
2017 arising out of Nilgiri P.S. Case No.48 of 2017 pending
in the Court of learned Special Judge, Balasore for offences
punishable under sections 376(2)(d)(i)(n)/109/506/34 of
the Indian Penal Code read with section 6 of the POCSO
Act.
It is submitted by the learned counsel for the
petitioner that the father of the petitioner expired in the
intervening night of 12/13.07.2019 and in order to
perform the obsequies ceremony of the father, the
petitioner may be released on interim bail. Some
documents relating to the death of the father of the
petitioner has been annexed including the document which
has been issued by the Sarapanch, Baunshabania Gram
Panchyat dated 13.07.2019.
Learned counsel for the State taking instruction
from the concerned police station, submitted that the
statement made in the additional affidavit relating to the
death of the father of the petitioner is correct.
Considering the submissions made by the
learned counsel for the respective parties, the averments
taken in the interim bail application as well as the
additional affidavit, the documents which have been
annexed to the interim application and also taking into
account the instruction received by the learned counsel for
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the State, I am inclined to release the petitioner on interim
bail. The interim bail period of the petitioner shall start
from 17.07.2019 and the petitioner will surrender before
the learned trial Court on 29.07.2019.
The learned Court in Seisin over the matter shall
release the petitioner on interim bail for the aforesaid
period on furnishing bail bond of Rs.20,000.00 (rupees
twenty 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.
List this matter on 06.08.2019. On that day, 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 in course of the day.
......................
S.K. Sahoo, J.
sisir