Orissa High CourtSeikh Muntaz Alli vs State Of Odisha on 16 May, 2022Author:S.K. SahooBench:S.K. SahooIN THE HIGH COURT OF ORISSA AT CUTTACK\n\n                           CRLA No.436 of 2021\n\n              Seikh Muntaz Alli                     ....     Appellant/\n                                                            Petitioner\n\n                                  Mr. B.P. Das, Advocate\n\n                                         -versus-\n\n              State of Odisha                       ....   Respondent/\n                                                           Opp. Party\n\n                                  Mr. J.P. Patra,\n                                  Addl. Standing Counsel\n\n                                  CORAM:\n                             JUSTICE S.K. SAHOO\n                                    ORDEROrder No.\n                                  16.05.2022\n\n                             I.A. No.462 of 202210.            This   matter     is    taken     up   through   Hybrid\n            arrangement (video conferencing/physical mode).This is an application for interim bail of the\n            appellant-petitioner.Grounds have been taken that the wife of the\n            petitioner was operated twenty two years back having\n            implanted an iron rod in her thigh which is now\n            required for removal and her immediate proper\n            medical attention. Medical documents have also been\n            annexed to the interim application.Instruction was sought for as per order dated\n            09.05.2022 and today, learned counsel for the State\n                      // 2 //\n\n\nhas produced the written instruction dated 11.05.2022\nreceived from the S.I. of Excise, E.I. & E.B., Unit-II,\n(C.D.), Cuttack wherein it is mentioned as follows:"With reference to the letter on the\n     subject cited above, I am to report that on10.05.2022, I along with my staff, namely,\n     Reetarani    Sethy,        lady   Excise        Constable\n     proceeded to the house of Samina Bibi, W/o.\n     Muntaz Alli (Accused) to ascertain the health\n     condition of Samina Bibi as per para-5 of\n     I.A. No.462/2022. I produced her in the\n     Govt. hospital, D.H.H., Khurda vide C.R.\n     No.211212201314619.               After          medical\n     checkup and X-ray report made on the same\n     day i.e. 10.05.2022, it is ascertained that it\n     is a fact that Samina Bibi was operated\n     twenty two year back having implanted an\n     iron rod in her right thigh. Now it needs\n     removal     through        operation.      It    is     also\n     ascertained that Samina Bibi is having two\n     girl children (one four years old and another\n     of fourteen years old) and no male member\n     is there to look after the family.Hence, the para-5 as I.A. No.462/2022\n     by the petitioner through advocate is found\n     genuine and correct."The written instruction is taken on record.\n     Considering    the        submissions      made         by     thePage 2 of 4// 3 //\n\n\nlearned   counsel     for    the   respective   parties,   the\naverments     taken in       the interim   application,    the\ndocuments annexed thereto and instruction obtained\nby the learned counsel for the State, I am inclined to\nrelease the petitioner on interim bail. The interim bail\nperiod shall start from 18.05.2022 and the petitioner\nshall surrender before the learned trial Court on\n25.06.2022.Let the appellant-petitioner be released on\ninterim bail for the aforesaid period in connection with\nP.R. No.215 of 2019-20 of E.I. & E.B., Unit-II, Cuttack\ncorresponding to T.R. Case No.19 of 2020 of the file of\nlearned 2nd Additional Sessions Judge, Khurda on\nfurnishing bail bond of Rs.50,000/- (rupees fifty\nthousand) with two local solvent sureties each for the\nlike amount to the satisfaction of the Court in seisin\nover the matter with further terms and conditions as\nthe learned Court may deem just and proper subject\nto condition that while on interim bail, the petitioner\nshall not indulge in any criminal activities in any\nmanner.Violation of any terms and conditions shall entail\ncancellation of interim bail.I.A. is accordingly disposed of.\n      Urgent certified copy of this order be granted on\nproper application.( S.K. Sahoo)\n                                        JudgePage 3 of 4// 4 //CRLA No.436 of 202111.        List this matter in the week commencing from\n            04.07.2022. Learned counsel for the appellant shall\n            produce the surrender certificate of the appellant on\n            the next date.( S.K. Sahoo)\n                                                Judge\nRKMPage 4 of 4