Orissa High Court
BLAPL/8778/2017 on 9 May, 2018
Author: S. K. Sahoo
Bench: S. K. Sahoo
BLAPL No. 8778 of 2017
Misc. Case No. 1409 of 2017
05. 09.05.2018 Heard learned counsel for the petitioner and the
learned counsel for the State.
This is an application for interim bail on the ground of
ailment of the mother of the petitioner Nilu Pradhan @
Balaram in connection with Tangi P.S. Case No.299 of 2015
corresponding to T.R. Case No.33 of 2015 pending in the
Court of learned 2nd Addl. Sessions Judge -cum- Special
Judge under NDPS Act, Khurda for offence punishable
under section 20(b)(ii)(C) of the N.D.P.S. Act.
Learned counsel for the petitioner submits that
interim bail has been sought for on the ground of ailment of
the mother of the petitioner as she is suffering from
gynecological problem and needed immediate medical
treatment and there is no male member in the family to
look after the ailing mother as well as her treatment. The
medical documents have been annexed to the interim bail
application.
Learned counsel for the State was earlier asked to
take instruction on the averments taken in the interim bail
application. Today the learned counsel for the State
submitted that though letter has been sent to the Inspector
in Charge of Tangi police station for necessary instruction
on the interim bail application but there is no response.
In view of the submissions made by the learned
counsels for the respective parties, taking note of the
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averments made in the interim bail application and the
medical documents annexed to the interim bail application,
I direct that the petitioner to be released on interim bail
and the interim bail period of the petitioner shall start from
14th May 2018 and he will surrender before the learned trial
Court in T.R. Case No.33 of 2015 on 18th June 2018.
The petitioner Nilu Pradhan @ Balaram shall be
released on interim bail for the aforesaid period on
furnishing bail bond of Rs.20,000/- (rupees twenty
thousand) with two solvent local sureties each 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.
List this matter on 26th June 2018. On the next date,
the learned counsel for the petitioner is directed to produce
the surrender certificate of the petitioner Nilu Pradhan @
Balaram.
A free copy of this order be handed over to the
learned counsel for the State for onward transmission to
the Superintendent of Police, Khurda to take appropriate
action, if necessary against the erring police officer who has
not given any response to the correspondence made from
the Advocate General Office.
The Misc. Case is disposed of.
Urgent certified copy of this order be granted on
proper application.
.......................
S. K. Sahoo, J.
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