Orissa High Court
BLAPL/2662/2020 on 9 April, 2021
Author: D. Dash
Bench: D. Dash
BLAPL No.2662of 2020
05. 09.04.2021 This matter is taken up through Video Conferencing
Mode.
This is the second journey of this Petitioner, who is in
custody in connection with ChatrapurP.S. Case No.131 of
2017corresponding toS.T. No.26 of 2018 arising out of G.R.
Case No.308 of 2017 pending in the court of the learned
Additional District &Sessions Judge, Chatrapur, running for the
alleged commission of offence under sections 147/ 148/ 324/
326/ 307/ 302/120-B/212/149, I.P.C. read with section 25 & 27
of the Arms Act has filed this application under section 439,
Cr.P.C. for his release on bail.
Heard learned counsel for the Petitioner and learned
counsel for the Informant as well as learned counsel for the State.
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 Petitioner is
suffering from cancer and has been advised for treatment after
further consultation and medical tests. In support of the same, he
has invited the attention of this Court to the letter dated
18.05.2020 of the Superintendent of Sub-Jail, Chatrapurand the
medical documents and certificateswith regard to the ailment of
the Petitioner, which are on record. In view of all the above, he
urges for grant of interim bail for certain period so as to enable
the Petitioner to stay with her family members and receive proper
treatment.
Learned counsel for the State as also learned counsel for
the informant oppose the move. They, however, are not in a
position to refute the letter of the Superintendent of Sub-Jail,
Chatrapur and the prescription of the M.K.C.G. Medical College
and Hospital, Berhampur as also other annexed documents.
Considering the submissions made, it is directed that the
petitioner be released on interim bail till 20.05.2021 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 21st May, 2021 without fail
The BLAPL stands 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