AI Structured Summary
Not yet generated for this judgment
Judgment
IA No.1063 of 2022
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
Heard Mr. D. Nayak, learned counsel appearing for the applicants. In the application, filed in criminal Appeal No.156 of 2020, the applicants have been convicted under Section 302/149 of the IPC and sentenced to suffer life imprisonment etc.
This Special Application has been made for grating them interim bail on two grounds that they had lost their uncle namely, Radhan Natha Jena on 03.08.2022 and their mother namely, Sulochana Jena (62 years) is suffering from critical illness. She is being treated in S.C.B. Medical College and Hospital in Cuttack.
By the pervious order, we directed the counsel for the State to take instruction from the IIC Mahanga, P.S. in respect of the veracity of the statements IIC, Mahanga P.S. by the written instruction dated 5. 08.2022 has stated that those facts are found to be correct. But the mother of the applicants is suffering from the said illness for long time and there are the attendants, to look after their mother, from their family.
Be that as it may, having regard to the death of the uncle namely, Radhan Natha Jena and ailments of the mother who is admittedly bed ridden, we are of the view that the applicants may be allowed to go on interim bail for 15 days from the date when they will be released from the jail, subject to condition that without any persuasion, they shall return and surrender to the jail Authority before expiry of that bail term for 15 days.
For purpose of enjoying the benefits bail, both the applicants shall furnish a bond of Rs.50,000/- each supported by two sureties of the like amount to the satisfaction of the Addl. District and Sessions Judge, Salipur in connection with Sessions Trial Case No.7 of 2018.
It is made absolutely clear that the applicants shall surrender before expiry of the bail term to the Jail Authority of Sisua Sub Jail. The Sub-Jailor shall immediately report the surrender to the Addl. Dist and Sessions Judge, Salipur. In the event that applicants did not surrender, before expiry of the bail term, the same shall be reported to the Addl. Dist and Sessions Judge, Salipur for taking the appropriate action.
The medical records in respect of the mother of the applicants namely, Sulochana Jena have been produced before us, from the applicants as well as from the State.
A free copy of this order be supplied to the counsel for the parties.
This application thus stands disposed of.
.....................................................