Dasarathi Mangaraj v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.622 of 2021 Dasarathi Mangaraj ....

Appellant/ Petitioner Mr. P.K. Swain, Advocate -versusState of Odisha ....

Respondent/ Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

04.04.2022 Order No.

21.

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). This is an application for grant of interim bail. Learned counsel for the State submits that the notice on the informant is sufficient.

None appears on behalf of the informant.

Heard learned counsel for the appellantpetitioner and learned Counsel for the State. Learned counsel for the State has produced the health condition report of the appellant from the Superintendent of Sub-jail, Khordha dated 03.04.2022 wherein the report of the Jail Medical Officer, Sub-jail, Khordha is annexed which indicates that the appellant

// 2 // who is aged about 67 years is a patient of Chronic Renal Disease with large exophytic cyst on the upper pole of left kidney with age related atrophic changes in the brain and presently he is unable to walk freely to conduct his day to day work inside the prison. He is continuing medicines as prescribed by the doctor of SCB Medical College and Hospital, Cuttack regularly. It is further mentioned that the total sentence undergone by the petitioner is 691 days and that no record was found relating to other cases.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the appeal memo and the written instruction obtained from the Superintendent of SubJail, Khordha, I am inclined to release the petitioner on interim bail for a period one month from the date of release. The petitioner shall surrender before the learned Court below immediately after expiry of the said one month period.

For the aforesaid period, let the appellantpetitioner be released on bail in S.T. Case No.83 of 2017 arising out of Khurdha P.S. Case No.126 of 2017 pending in the court of learned 2nd Addl. Sessions Judge, Khurda on furnishing bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the

// 3 // learned trial Court with such other conditions as the learned trial Court may deem just and proper. The CRLA is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P