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Judgment
M. Papanna, J.—Heard.
Petitioner, Raja alias Pratush Ranjan Mishra is in jail custody since 17.11.99 in connection with G.R. Case No. 255/99, corresponding to Sessions Case No. 44(B)/ 15 of 2000 for having committed an offence punishable u/s 376. IPC.
Learned counsel appearing for him submits that he was granted interim bail on 1.2.2000 by the learned Addl. Sessions Judge, Titlagarh to enable him to appear at Pre-degree examination in Tusra Degree College. On 22.4.2000 he was further released on interim bail to appear at his Pre-degree examination. Also on 18.11.2000 he was granted interim bail by the said Court to attend his mother on her sick bed. All the times he complied with the Court''s order in surrendering on the date fixed for his remanded to the jail custody. The learned counsel has argued that he has not misused the liberty granted to him during the period for which he was granted interim bails. He relies on 1993 O.C.R. 265 (Chatarlal v. State of M.P.) wherein it is observed that the petitioner is a student of 19 years and was released on temporary bail to enable him to take examinations. Since there was no evidence on record to show that he misused the liberty in any manner their Lordships of M.P. High Court considered his prayer for bail. That way he was granted ultimately as a pre-trial bail.
In the present case it seems that the petitioner has been in jail custody since 17.11.99 except for the period he was granted interim bail. His movement outside the jail during the interim bail did not create any reaction in the minds of the victim nor her family members. On the ground of ill health of his mother he prays for his release on bail and particularly when the trial has already commenced.
In the facts and circumstances of the case and relying on the decision quoted above, I think it proper to grant him pre-trial bail which can be cancelled at any time if it is reported that he is violating the liberty granted to him.
Let the petitioner be granted bail of Rs. 15,000/- (fifteen thousand) with two local solvent sureties each for the like amount to the satisfaction of the Addl. Sessions Judge, Titlagarh in the aforesaid Sessions Case subject to the fulfilment of the conditions imposed on him as above. Further, he shall not in any manner influence the witnesses including the victim during trial.
Crl. Misc. Case is disposed of.