Partly allowed

Rama Chandra@Ramwsh Mallik v. State of Odisha

Orissa HC1 Aug 2019ABLAPL/2835/2019

Case brief

AI extract

What is this about?

The court directed petitioners nos. 3 to 15 to surrender within six weeks for bail in a bail petition under IPC sections involving assault and criminal intimidation. Petitioners nos. 1 and 2 faced their pre-arrest bail application rejected based on evidence strength.

What did the court decide?

Directing petitioners nos. 3 to 15 to surrender within six weeks for bail; rejecting pre-arrest bail for petitioners nos. 1 and 2.

Rama Chandra@Ramwsh Mallik Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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ABLAPL No.2835 2019

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04. 01.08.2019

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The petitioners apprehending their arrest in Binjharpur P.S. Case No.30 of 2019, corresponding to C.T. Case No.133 of 2019, pending in the court of learned S.D.J.M., Jajpur for alleged commission of offences punishable under Sections 341/294/506/323/325/324/34 of I.P.C., have filed this petition for their release on pre-arrest bail.

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Heard, the learned counsel for the petitioners and learned counsel for the State.

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It is submitted by the learned counsel for the State that the case was registered for alleged commission of offences under Sections 341/294/506/323/325/324/34 of I.P.C., but the charge-sheet has been filed under Sections 341/294/323/307/506/34 of I.P.C. He is also submitted that the injuries sustained by the injured persons are simple in nature. There is also counter case registered against the informant-party of this case at the instance of the present petitioners, which has been registered as Binjharpur P.S. Case No.29 of 2019 alleging offence under Section 307 of I.P.C.

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From the materials available on record would go to show that during the last Saraswati Puja, there was altercation between the parties and for that there was assault and counter assault. The same leads to registration of both the cases. No material is produced indicating the fact that the petitioner nos.3 to 15 are persons of criminal antecedents. Nothing is there on record indicating the fact that the petitioners nos.3 to 15 shall abscond and/or tamper with the prosecution evidence, if released on prearrest bail.

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So, regard being had to the aforesaid facts and submissions made, especially the nature of accusations, character of evidence with regard to the charge under Section 307 of I.P.C., circumstances in which the offence stated to have been committed

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coupled with the fact that the petitioner nos.3 to 15 are least chance of abscondance and/or tamper with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the petitioner no.3 to 15, , namely, Sangram Mallik, Tofan Mallik, Siba Mallik, Lisa Mallik, Gayatri @ Asha Mallik, Srabani Mallik, Susanta Mallik, Prakash Mallik, Sabitri Mallik, Parbati Mallik, Pramod Mallik, Mana @ Managobinda Mallik and Prasanta Mallik surrender before the Court in seisin over the matter within six weeks hence and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

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It is made clear that no further extension of time with regard to surrender of the petitioner nos.3 to 15 shall be granted in any circumstances.

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But, so far as the prayer for pre-arrest bail of petitioner no.1 and 2, namely, Rama Chandra @ Ramesh Mallik and Nityananda Mallik is concerned, they do not deserve to be released on pre-arrest bail considering the nature and character of evidence appearing against them and as such, their prayer for prearrest bail stands rejected.

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Accordingly, the ABLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S.Pujahari, J.

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Rama Chandra@Ramwsh Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rama Chandra@Ramwsh Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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