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2021 Supreme(Ori) 12

S.K.SAHOO
Binu Kumar N. K. – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J. Mohapatra.
For the Respondent: Mr. J.P. Patra.

ORDER :

I.A. No. 238 of 2021

1. This matter is taken up by video conferencing mode.

2. This is an application for interim bail of appellant no. 3 Sri. Ouseph K.J.

3. Learned counsel for the appellant no. 3 submitted that the appellant no. 3 is in judicial custody since 28.01.2012 and thus, out of substantive sentence R.I. for fifteen years imposed by the learned trial Court, he has already undergone substantive sentence of nine years and two months. It is further submitted that in view of the provision under section 32B of the N.D.P.S. Act, the imposition of sentence of fifteen years without assigning any special reason as mentioned in the aforesaid section is not sustainable in the eye of law. He further submitted that the mother of the appellant no. 3 is suffering from serious ear and brain problem and since last one and half year, she is undergoing treatment before the Medical Officer. She is an aged lady about eighty years and since the appellant no. 3 is the only son and immediate surgery of his mother is necessary and the condition of the mother is deteriorating day by day, he may be granted interim bail to make necessary arrangement for her medical treatment.

4. Learned counsel f

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