Liti @ Sabir Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.10218 OF 2021 Liti @ Sabir Khan ....

Petitioner Mr. Manas Chand, Advocate -versusState of Odisha ....

Opposite Party Mr. G.N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH Order 13.09.2022 Order No.

06.

1 .

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

This is the second journey of this Petitioner who is in custody in connection with Dhanupali P.S. Case No.167 of 2020 corresponding to S.T. Case No.73 of 2021 pending on the file of the learned Sessions Judge, Sambalpur running for the alleged commission of offence under section-450/395 of the IPC in filing this application for reconsideration of the prayer for grant of bail in the above mentioned case.

3.

Learned counsel for the Petitioner instead of pressing for hearing of the bail application on merit, prays for its disposal considering grant of interim bail to the Petitioner for some period. He submits that this Petitioner being arrested in connection with the above noted case is in custody since 19.04.2020 and despite such long period of detention, looking at the pace, the conclusion of the trial is not expected to be so soon. He further submitted that due to such long detention of the Petitioner in custody, not only he but also his family members are suffering and the situation has now become such that the members of the family who depend upon the

// 2 // Petitioner are no more in a position to continue without the help and support of the Petitioner. He therefore, submits that presence of this Petitioner at this hour for some days at his home is very much necessary. He, therefore, urges for grant of interim bail to the Petitioner for a period of eight weeks.

4.

Learned Counsel for the State, without disputing the period of detention of the Petitioner, however opposes the move in view of fact that the Petitioner is involved in series of such cases. He however does not dispute the position that the Petitioner being once released on interim bail has surrendered without showing any adverse conduct.

5.

Considering the submissions made and further keeping in view the surrounding circumstances, it is directed that the Petitioner be released on interim bail in the aforesaid case till 11.11.2022 on such terms and conditions as the learned Court in seisin of the case deems just and proper with further conditions that he will appear in person before the Court in seisin of the case on the date/dates falling during the period of interim bail; and will positively surrender before the Trial Court on 12th November, 2022; and will not leave the jurisdiction of the said Court without prior permission.

6.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan