Sk. Kausar Ali v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12767 of 2022 Sk. Kausar Ali ....

Petitioner Mr. K.K.Mohanta, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

23.12.2022.

01.

1. This matter is taken up through virtual mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 19th June, 2020, in connection with STF P.S. Case No.20/2020 corresponding to T.R. No.8/242 of 2020 pending in the court of learned Addl. District and Sessions Judge, Bhubaneswar for the alleged commission of the offence under Section 21(c)/29 of N.D.P.S. Act.

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4. The Petitioner prayed for interim bail before the Court below on the ground of death of his mother. His mother is said to have expired on 25th November, 2022. It is submitted that being a Muslim, the rituals are to be performed over a period sparing 42 days. The last date of such ritual is 3rd January, 2023.

5. Considering the above submissions, I am inclined to take a humanitarian view by directing release of the Petitioner on interim bail till 10th January, 2023. Let the Petitioner be released on interim bail till 10th January, 2023 on such terms and conditions as may be fixed by the Court below in the aforesaid case including the condition that he shall also appear before the I.I.C. of Balasore Town P.S. every day at 10.00 A.M. till his surrender and such fact shall be certified by the I.I.C. to the concerned Court on every alternate day.

6. After expiry of the aforesaid period, the Petitioner shall surrender before the Court below on 11th January, 2023, failing which appropriate warrant may be issued for his production.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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