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2021 DIGILAW 186 (ORI)

Binu Kumar N. K. v. State of Odisha

2021-04-15

S.K.SAHOO

body2021
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 for the State was asked to obtain instruction from the concerned police station under which jurisdiction the appellant no. 3 resides permanently with his family members. Today, the learned counsel for the State has produced the instruction from the Inspector in Charge of Mohana police station obtained through Murikassery police station, district Idduki in the State of Kerala wherein it is mentioned that the appellant no. 3 is the only son and the health condition of the mother is serious. The written instruction dated 02.04.2021 received by the learned counsel for the State is taken on record. However, he submitted that one of the appellant i.e. Shaji E.T. (appellant no. 2) was released on interim bail vide order dated 22.02.2019, with a direction to surrender on 22.04.2019 and he also belonged to the State of Kerala but after availing the interim bail period, he has not surrendered for which non-bailable warrant of arrest has been issued which has not yet been executed. 5. Perused the report of the learned Sessions Judge, Gajapati, Parlakhemundi in that respect. 6. 5. Perused the report of the learned Sessions Judge, Gajapati, Parlakhemundi in that respect. 6. Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application, the written instruction received by the learned counsel for the State and the period of detention of the appellant no. 3 in judicial custody, I am inclined to release the appellant no. 3 on interim bail for a period of four weeks from the date of release and the appellant no. 3 shall immediately surrender before the learned trial Court on expiry of such period. 7. For the above period, let the appellant no. 3 namely Sri. Ouseph K.J. be released on interim bail in connection with G.R. Case No. 02 of 2012/T.R. No. 05 of 2012 arising out of Mohana P.S. Case No. 71 of 2012 of the file of learned Special Judge, Gajapati, Parlakhemundi on furnishing bail bond of Rs. 5,00,000/- (rupees five lakhs) with two local solvent sureties each for the like amount along with cash security of Rs. 1,00,000/- (rupees one lakh) to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper. 8. The I.A. is disposed of accordingly. 9. 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. CRLA No. 575 of 2014 10. List this matter in the week commencing from 28.06.2021. 11. Learned counsel for the appellants shall file the surrender certificate of the appellant no. 3 by the next date.