This order grants interim bail to the petitioner, already in custody for multiple sections including murder, till 05.05.2021 to manage family affairs and his father's treatment, requiring surrender on 06.05.2021.
Petitioner released on interim bail till 05.05.2021 to manage family and father's treatment; must surrender on 06.05.2021.
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.
BLAPL No.865of 2020
This is the second journey of this Petitioner, who is in custody in connection with AskaP.S. Case No.165 of 2019corresponding toS.T. No.85 of 2019pending in the court of the learned Additional Sessions Judge, Aska, running for the alleged commission of offence under sections 294/302/307/326/34, I.P.C. has filed this application under section 439, Cr.P.C. for his release on bail.
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 father of the Petitioner, who has also been implicated in the case, has been released on bail and one of the reasons for the same was that the whole family would suffer in the absence of any male member at home. It is submitted that now the father of the Petitioner, namely, BijayaBehera is ill and unable to do anything in providing support to the family in any way as also he is not able to take care of himself and his treatment. In view of the above, he prays for grant of interim bail to the Petitioner for a particular period so that he would manage the situation at home for the family members to survive and also take care of his father and his treatment by arranging necessary funds.
Learned counsel for the State opposes the move.
Considering the submissions made, it is directed that the petitioner be released on interim bail till 05.05.2021 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 6th May, 2021 without fail
Both the BLAPL and I.A. stand 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 Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587 dated 25th March, 2020.
…………………..
D. Dash,J.
H
1 issue framed by the court
Whether the petitioner qualifies for interim bail to assist his ill father and family given his custody and the family's financial standing.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
