BLAPL No.2662of 2020

05. 09.04.2021

This matter is taken up through Video Conferencing

Mode.

This is the second journey of this Petitioner, who is in

custody in connection with ChatrapurP.S. Case No.131 of

2017corresponding toS.T. No.26 of 2018 arising out of G.R.

Case No.308 of 2017 pending in the court of the learned

Additional District &Sessions Judge, Chatrapur, running for the

alleged commission of offence under sections 147/ 148/ 324/

326/ 307/ 302/120-B/212/149, I.P.C. read with section 25 & 27

of the Arms Act has filed this application under section 439,

Cr.P.C. for his release on bail.

Heard learned counsel for the Petitioner and learned

counsel for the Informant as well as learned counsel for the State.

Learned counsel for the petitioner, at the outset, instead of

pressing for grant of regular bail to the Petitioner,confines the

prayer for grant of interim bail. He submits that the Petitioner is

suffering from cancer and has been advised for treatment after

further consultation and medical tests. In support of the same, he

has invited the attention of this Court to the letter dated

18.05.2020 of the Superintendent of Sub-Jail, Chatrapurand the

medical documents and certificateswith regard to the ailment of

the Petitioner, which are on record. In view of all the above, he

urges for grant of interim bail for certain period so as to enable

the Petitioner to stay with her family members and receive proper

treatment.

Learned counsel for the State as also learned counsel for

the informant oppose the move. They, however, are not in a

position to refute the letter of the Superintendent of Sub-Jail,

Chatrapur and the prescription of the M.K.C.G. Medical College

and Hospital, Berhampur as also other annexed documents.

Considering the submissions made, it is directed that the

petitioner be released on interim bail till 20.05.2021 on such

terms and conditions as deemed just and proper by the court in

seisin of the case with further conditions that he will appear in

person before the court in seisin of the case on the date/dates

falling during the period of interim bail; and will surrender

before the said court on 21^st May, 2021 without fail

The BLAPL stands disposed of.

As the restrictions due to the COVID-19 situation are

continuing, learned counsel for the parties may utilize a soft copy

of this order available in the High Court9s website or print out

thereof at par with certified copy in the manner prescribed, vide

Court9s Notice No.4587 dated 25^th March, 2020.

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D. Dash,J.

H