Allowed

Dolagobinda Malik v. State of Odisha

Orissa HC13 Mar 2023BLAPL/268/2023

Case brief

AI extract

What is this about?

A bail application filed under Section 439 Cr.P.C. was allowed. The High Court directed the release of the petitioner on bail despite opposition from the State regarding the pending investigation, noting the petitioner's custody since mid-December 2022 and the release of a co-accused.

What did the court decide?

Petitioner directed to be released on bail on terms to be fixed by the learned Court; directed to appear before I.O. weekly.

Dolagobinda Malik Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 268 of 2023

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Dolagobinda Malik

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…. Petitioner

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Mr. B. Dalai, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

13.03.2023

Order No.

02.

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

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The petitioner is an accused in G.R. Case No.2380 of 2022, pending in the Court of learned S.D.J.M., Kendrapara, arising out of Kendrapara Sadar P.S. Case No.494 of 2022, for commission of alleged offences under Sections 286/337/338/109 of IPC and Section 5 of OFWALS Act, 1958 and Section 3 & 5 of ES Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara by order dated 06.01.2023 in the aforementioned case, the present BLAPL has been filed.

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Perused the order of rejection.

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It is stated that the petitioner is in custody since 19.12.2022 and as investigation has progressed substantially, he may be released on bail.

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Page 1 of 2

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Relying on the order of release of the co-accused dated 19.01.2023 passed by this Court in BLAPL No.332 of 2023, the petitioner seeks release inter alia on the ground of parity.

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Learned counsel for the State opposes the prayer for bail during the currency of investigation.

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Considering the accusation and the role ascribed to the petitioner and the release of the co-accused, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the petitioner shall appear before the I.O. once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH) Judge

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Ayesha

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Dolagobinda Malik v. State of Odisha

Case brief

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Dolagobinda Malik v. State of Odisha

Case brief

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