AI Structured Summary
Not yet generated for this judgment
Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Dhenkanal Sadar P.S. Case No. 22 of 2022 corresponding to G.R. Case No. 39 of 2022 pending in the Court of learned SDJM, Dhenkanal for commission of offence punishable Under Sections 302/34 of IPC, on the allegation of committing murder of Biju @ Bijaya Kumar Behera along with 10 to 12 other persons.
In the course of hearing of the bail application, Mr. U.C. Dora, learned counsel for the Petitioner by filing a memo submits to grant interim bail to the Petitioner on the ground of his health condition. He, accordingly, while praying to dispose of the bail application has submitted to grant interim bail to the Petitioner for a period of three months.
On the other hand, Mr. S.R. Roul, learned ASC by producing the instruction received from DHH, Dhenkanal submits that the Petitioner has been treated in Nephrology ward of SCB Medical College and Hospital, Cuttack, but learned ASC opposes the prayer for interim bail of the present Petitioner. The instruction so received be kept on record.
After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the averments taken in the main bail application together with the instruction so received, this Court purely on humanitarian ground while disposing the regular bail application grants interim bail to the Petitioner for a period of 45 days with effect from the date of his actual release on bail on such terms and conditions as deem fit and proper by the learned Court in seisin of the case.
The Petitioner is, however, advised to surrender to custody after availing the interim bail and in case he fails to surrender to the custody after availing the interim bail, the learned Court in seisin of
the case is at liberty to take coercive steps for apprehension of the Petitioner.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
………………………………….