Muna @ Radhamohan Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8218 of 2022 Muna @ Radhamohan Biswal ....

Petitioner Mr.B.R. Dalai, Advocate -versusState of Odisha ....

Opposite Party Mr. Samaresh Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

13.12.2022 BLAPL No.8218 of 2022 & I.A. No.1527 of 2022 1.

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 Astaranga P.S. Case No.99 of 2019 corresponding to S.T. Case No.91 of 2022 pending in the Court of the learned Additional Sessions Judge, Nimapara for offence punishable under sections 341,294,323,324,307,302,34, I.P.C. in filing the petition under section 439 of Cr.P.C. for his release on bail.

An application for grant of interim bail has also been filed by the petitioner on the ground that there arises the need

// 2 // 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 needs surgery due to Pyelonephritis and damage of one Kideny 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 Puri.

5.

Considering the submissions made and on going through the averments taken in the application as also the documents annexed thereto; it is directed that the Petitioner be released on interim bail for a period of eight 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; will appear before the concerned Inspector-in-Charge on every

// 3 // Monday in between 10 A.M. to 2 P.M. during the period of interim bail and will surrender before the said court after expiry of the period of interim bail without fail.

6.

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

Issue urgent certified copy as per rules.

(D. Dash) Judge