Citation : 2026 Latest Caselaw 3383 Ori
Judgement Date : 10 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12925 of 2025
Nanda Tarei and another ... Petitioners
Mr. J. Katikia, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL):10.04.2026
02. I.A. No.247 of 2026
1.
This bail application, on being mentioned is taken on board by way of special notice, since the petitioner No.2- Sushil Tarai @ Sunil Tarei wants to avail interim bail to attend the post obsequies of his later father-cum-petitioner No.1.
2. Heard, Mr. Janmejaya Katikia, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record together with the documents produced.
3. It is, however, found from the record that the petitioner No.2-Sushil Tarai @ Sunil Tarei has filed IA No.247 of 2026 for grant of interim bail to him for the treatment of his father-cum-petitioner No.1, who being in custody was admitted in hospital for his treatment, but today the document produced by Mr. Katikia reveals that petitioner No.1-Nanda Tarei died on 09.04.2026 and petitioner No.2- Sushil Tarai @ Sunil Tarei is his only son and, thereby, his presence in the family is necessary for performing the obsequies of his late father. In view of the aforesaid facts and taking into consideration the rival submissions and on going through the averments taken in the IA together with
the documents as produced today, since the petitioner No.2- Sushil Tarai @ Sunil Tarei wants to avail interim bail for performing obsequies of petitioner No.1-Nanda Tarei, who died while being in custody undergoing treatment, this Court by keeping the regular bail application pending grants interim bail to the petitioner No.2-Sushil Tarai @ Sunil Tarei purely on humanitarian ground for a period of 15(fifteen) days with effect from the date of his actual release on bail in connection with Rambha PS Case No.626 of 2025 on such terms and conditions as deem fit and proper by the learned Court in seisin of the case.
4. The petitioner is, however, advised to surrender to custody after expiry of the interim bail, failing which the Court in seisin over the matter is at liberty to take coercive steps to commit the petitioner to prison.
5. Hence, the IA stands disposed of.
6. Issue urgent certified copy of this order as per Rules. The benefit of this order shall not be extended to the petitioner, if the news relating to death of father of the petitioner is found to be false.
7. In view of death of petitioner No.1, the prayer for bail by petitioner No.1 has become infructuous and the present bail application is only confined to petitioner No.2. Since the petitioner No.2 has been granted interim bail for 15(fifteen) days, list this matter on 27.04.2026. The petitioner No.2 may use the hard copy of the uploaded order for the purpose of grant of interim bail to him.
Judge Reason: Authentication Subhasmita Location: High Court of Orissa
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