Allowed

Sreedhar Mallick v. State of Odisha

Orissa HC23 Nov 2021ABLAPL/10489/2021

Case brief

AI extract

What is this about?

In a pre-arrest bail petition filed by Sreedhar Mallick and others in a case involving IPC offences, the High Court of Odisha, considering the simple nature of injuries and completion of investigation, directed that if the petitioners surrender within six weeks, they shall be released on bail; otherwise, non-bailable warrants may be executed.

What did the court decide?

Directs that if petitioners surrender within six weeks and move for bail, they shall be released on bail.

Sreedhar Mallick Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.10489 of 2021

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Sreedhar Mallick and others

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Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

23.11.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in Nikirai P.S. Case No.153 of 2021, corresponding to G.R. Case No.1887 of 2021, pending in the Court of S.D.J.M., Kendrapara, registered for alleged commission of offences punishable under Sections 341, 294, 354, 427, 354-B, 379, 323, 506, 307 read with Section 34 of the 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 the learned counsel for the State.

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Learned counsel for the State submits that the charge sheet in this case has already been filed and the injury sustained by the Informant is simple in nature.

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Considering the facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and the fact that the injury

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sustained by the Informant is simple in nature, as submitted by the learned counsel for the State, the factum of completion of investigation and there being no likelihood of the Petitioners absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the Petitioners 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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However, if the Petitioners do not surrender within the time stipulated, there is no impediment on the part of the police to take them to custody and produce in the Court executing the non-bailable warrant issued or pending against them in the aforesaid case and in that event, the court concerned shall consider their prayer on its own merit.

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The ABLAPL is, accordingly, disposed of being allowed. 8. Urgent certified copy of this order be granted on proper application. (S. Pujahari) Judge

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Sreedhar Mallick v. State of Odisha

Case brief

What is this about?

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Sreedhar Mallick v. State of Odisha

Case brief

What is this about?

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