Dismissed

Madhusudan Malik @ Madhua Mallick v. State of Odisha

Orissa HC7 Sept 2021ABLAPL/2147/2021

Case brief

AI extract

What is this about?

The High Court disposed of a petition for protection from arrest. Since the petitioner intends to surrender, the court directed the court below to consider and dispose of the pending pre-arrest bail application on the same day of surrender, provided incriminating materials are submitted.

What did the court decide?

No relief granted as petition was disposed of; petitioner advised to surrender and file bail before the court below.

Madhusudan Malik @ Madhua Mallick Vs State of Odisha — Orissa HC (2021) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2147 of 2021

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Madhusudan Malik @ Madhua …. Petitioner Mallick

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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 No.

ORDER 07.09.2021

This matter is taken up through Hybrid mode.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner apprehending his arrest in Bhograi P.S. Case No.37 of 2021, corresponding to C.T. Case No.133 of 2021 (Special Case No.42 of 2021), pending on the file of Special Court (POCSO), Balasore, registered for alleged commission of offence punishable under Sections 465, 468, 471 read with Section 34 of the I.P.C and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, has filed this petition for his release on pre-arrest bail.

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Learned counsel for the Petitioner during course of argument submits that he does not want to press this petition for

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pre-arrest bail. However, it is submitted that since the Petitioner intends to surrender and move for bail before the court below, direction may be given to the court below to dispose of the bail application of the Petitioner on the same day.

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Considering the submission made, it is observed that if the Petitioner surrenders in the aforesaid case before the Court in seisin over the matter and makes a motion for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner on its own merit on the same day. The incriminating materials collected against the petitioner be sent by the I.O.to the Court on the date of surrender, if the date of surrender is intimated to him by the petitioner.

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However, the aforesaid order should not be construed as a protection from arrest till the date of surrender.

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The ABLAPL is, accordingly, disposed of.

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

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(S. Pujahari) Judge

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RKS/SKB

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Madhusudan Malik @ Madhua Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madhusudan Malik @ Madhua Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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