Vikash Singh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7475 of 2021 Vikash Singh ....
Petitioner Mr.Manas Chand, Advocate -versusState of Odisha ....
Opposite Party Mr. S.K. Nayak,AGA
CORAM:
MR. JUSTICE D.DASH
ORDER
16.08.2022 BLAPL No.7475 of 2021 & I.A. No.1148 of 2022 04.
1.
This matter is taken up through hybrid arrangement Order No.
(physical/virtual mode).
2.
This is the second journey of the petitioner, who is in custody in connection with Kantamal P.S. Case No.108 of 2017 corresponding to Special (NDPS) Case No.20 of 2018 pending in the Court of the learned Sessions Judge-cum-Special Judge, Boudh for offence punishable under sections 20(b)(ii)(C) of the N.D.P.S. Act 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 wife.
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. Learned counsel for the Petitioner submits that the wife of the Petitioner, is suffering from chronic Kidney diseases when it has also been advised that she be taken to higher centre for further investigation and better treatment. He submits that in the absence of the Petitioner by her side at this hour; it is not possible for her wife to proceed for better treatment in higher centre and arrangement of funds for the purpose also stands as an impediment. In this connection, he has invited the attention of this Court to the medical certificate granted by the Medical Officers attached to Dr. Baba Saheb Ambedakar Hospital, Rohini, Delhi annexed to the application. In view of all the above and further viewing the long period of detention of the Petitioner in custody, 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 in custody. 5.
Considering the submissions made and on going through the medical papers annexed to the application; 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
// 3 // proper by the court in seisin of the case with further conditions that he will appear in person before the trial court on the date fixed during the period 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