Dismissed

Dipu @ Deepak Mallick v. State of Odisha

Orissa HC23 Aug 2021BLAPL/912/2021

Case brief

AI extract

What is this about?

The Court disposed of an interim bail application in a murder case. While the trial had commenced, the Judge directed the maximum monthly court to examine remaining eyewitnesses before considering the petitioner's bail prayer, noting the gravity of the accusation.

What did the court decide?

Director trial court to examine remaining eye-witnesses; petitioner to renew bail application thereafter.

Dipu @ Deepak Mallick Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.912 of 2021

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Dipu @ Deepak Mallick …. Petitioner

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Mr.Kasinath Pattnaik, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr.P.K. Mohanty, Addl.Standing Counsel

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CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
23.08.2021
I.A. No. 382 of 2021
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
This is an application for interim bail.
Learned counsel for the petitioner does not want
to press this application.
The I.A. is accordingly disposed of as not
pressed.

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( S.K. Sahoo)

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Judge

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BLAPL No.912 of 2021

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

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This is an application under section 439 of

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// 2 //

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Cr.P.C. in connection with G.R. Case No. 2671 of 2020 arising out of Govindpur P.S. Case No.114 of 2020 pending in the Court of learned J.M.F.C. (R), Cuttack for alleged commission of offence punishable under sections 302/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Cuttack, which was rejected on 27.01.2021.

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Learned counsel for the petitioner submits that trial has already commenced and ten witnesses have been examined so far and none of the witnesses have stated anything against the petitioner and therefore, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, submits that there are other eye witnesses, who are yet to be examined in the learned trial Court like Durga Madhab Patra @ Bapi, Muna @ Upendra Mallick and Tukuni Mallick and they have stated about the occurrence and the involvement of the petitioner in the commission of murder of the deceased.

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In view of the available materials on record, the nature and gravity of accusation against the petitioner and the manner in which the crime has been committed, at this stage while not inclining to release the petitioner on bail, I direct the learned trial Court to take steps for examination of the rest of the eye witnesses. The petitioner is at liberty to renew

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Page 2 of 3

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// 3 //

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his prayer for bail after examination of such eye witnesses.

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The order be communicated to the learned trial Court forthwith.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

¶27

PKSahoo

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Page 3 of 3

Dipu @ Deepak Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dipu @ Deepak Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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