Purusottam Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3106 of 2021 Purusottam Sahoo ....

Petitioner Mr.A.K. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. B. Bhuyan, SC (OPID)

CORAM:

MR. JUSTICE D.DASH

ORDER

08.08.2022 BLAPL No.3106 of 2021 & I.A. No.1104 of 2022 15.

1.

This matter is taken up through hybrid arrangement Order No.

(physical/virtual mode).

2.

This is the successive journey of the petitioner, who is in custody in connection with Pallahara P.S. Case No.34 of 2013 corresponding to C.T. Case No.18 of 2018 pending in the Court of the learned P.O. Designated Court under OPID Act, Cuttack for offence punishable under sections 420/467/468/471/120(b) of IPC read with section 4,5,6 of the Prize Chit Money Circulation Scheme (Banning ) Act and Section 6 of the OPID Act in filing the petition under section 439 of Cr.P.C. for his release on bail.

// 2 // An application for grant of interim bail has also been filed by the petitioner on the ground that there arises the need for his presence at home for looking after the treatment of his ailing father.

3.

Learned counsel for the petitioner, instead of pressing the bail application for disposal on merit, confines his submission with regard to grant of interim bail and accordingly, prays for disposal of both the BLAPL and I.A. It is submitted by the learned counsel for the Petitioner that the father of the Petitioner is suffering from various old age ailments and that the treating doctor has advised for his hospitalization for better treatment. He submits that in the absence of the Petitioner by his side at this hour; it is not possible for his father to proceed for better treatment in higher centre by arranging funds making necessary arrangement for the purpose. In view of all these above, he urges for grant of interim bail to the petitioner.

4.

Learned counsel for the State submits to have received no such instruction as yet. He, however, does not dispute the factum of long detention of the Petitioner and that he is a permanent resident of District of Angul.

5.

Considering the submissions made and on going through the averments taken in the application; it is directed that the Petitioner be released on interim bail for a period of ten weeks from the date of his actual release from custody on such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that he will appear in person before the trial court on the date fixed during the period;

// 3 // and will surrender before the said court after expiry of the period of interim bail without fail. It is, however, made clear that if during this period of ten weeks the trial stands concluded, then automatically the period of interim bail would lapse on the date of conclusion of the trial. 6.

The BLAPL and I.A. are accordingly disposed of. 7.

Issue urgent certified copy as per rules.

(D. Dash) Judge