In a bail matter regarding narcotics possession, the court granted interim bail for three weeks to allow the petitioner to assist his father in obtaining specialized knee replacement surgery, subject to appearing before the trial court.
Directed release on interim bail for three weeks with condition to appear in trial court before expiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1727 of 2021
Nirmal Kumar Beura
…. Petitioner
Mr.R.N. .Biswal, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Tapas Kumar Praharaj, SC
CORAM:
MR. JUSTICE D.DASH
ORDER
03.08.2021
BLAPL No.1727 of 2021
&
I.A. No.765 of 2021
Order No.
An application for grant of interim bail has also been filed by the petitioner on the ground that there arises the need
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for his presence at home for looking after the treatment of his ailing father.
It is submitted by the learned counsel for the Petitioner that on the allegation that the Petitioner was in possession of 226 kilograms of ganja; he being arrested is in custody since 13.05.2019 and the trial is still in progress awaiting conclusion for examination of few other official witnesses. He further submits that the Petitioner’s father, namely, Ramesh Kumar Beura, is suffering from severe knee pain and is under treatment in the SCB Medical College & Hospital, Cuttack and that the treating doctor has advised that he be taken to higher centre for specialized treatment for both knee replacement surgery. He submits that in the absence of the Petitioner by his side at this hour; it is not possible for his father to proceed for better treatment in higher centre by arranging funds making necessary arrangement for the purpose. In this connection, he has invited the attention of this Court to the medical certificate granted by the Physician, Department of Orthopedics, SCB Medical College & Hospital annexed to the application. In view of all these above, he urges for grant of interim bail to the petitioner.
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factum of long detention of the Petitioner and that he is a permanent resident of District of Cuttack.
(D. Dash)
Judge
H
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1 issue framed by the court
Whether the petitioner needing presence for ailing father's treatment warrants interim bail.
2 provisions across 2 enactments
Nirmal Kumar Beura
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
