The court directed the petitioner to surrender before the Additional Sessions Judge, Padmapur. Upon surrender, the petitioner was to be released on interim bail subject to conditions, provided the victim's injuries are not near-fatal.
Directive to surrender and grant interim bail subject to conditions.
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ABLAPL NO.1557 OF 2021
The matter is taken up through video conferencing mode.
Heard learned counsel for the Petitioner and learned counsel for the State.
Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this court in the case of Pramod Kumar Ray and others vrs. State of Odisha, reported in (2017) 67 OCR–309 with the following observations.
The Petitioner shall surrender before the learned Additional Sessions Judge-cum-Special Judge, Padmapur in Special G.R. Case No.06 of 2021 arising out of Gaisilat P.S. Case No.15 of 2021 within 15 (fifteen) days from today. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her dependent.
Taking into consideration the nature of the offence as alleged against the Petitioner, it is directed that the Petitioner shall be released on interim bail by the learned Additional Sessions Judge-cum-Special Judge, Padmapur on the same
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day he surrenders in the aforesaid case pending disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions: –
The aforesaid order shall not be effective, if the injuries sustained by the victim/victims are near fatal and the victim/victims are still in bad shape. But, if the injuries are otherwise lesser and the victim/victims is/are hale and hearty, this observation shall not be effective and the Petitioner can be granted interim bail.
Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Narayan
1 issue framed by the court
Whether the petitioner should be granted interim bail after surrender pending disposal of the bail application?
Colour shows how this judgement treated each authority
Pramod Kumar Ray and others vrs. State of OdishaFollowed¶5
Pramod Kumar Ray and others vrs. State of Odisha, reported in (2017) 67 OCR–309
Pramod Kumar Ray and others
State of Odisha
D. Dash
As recorded by the court registry
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