Allowed

Madan Mallick v. State of Odisha

Orissa HC27 Jun 2023BLAPL/3660/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by the petitioner, an accused in a murder case. Relying on an order made for a co-accused, the court found the petitioner similarly circumstanced and directed his release on terms to be fixed by the trial court, with the order subject to recall if criminal antecedents are found.

What did the court decide?

Petitioner directed to be released on bail on terms to be fixed by the trial court.

Madan Mallick Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3660 of 2023

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Madan Mallick

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Petitioner

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Mr. S. Dwibedi, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. T.K. Praharaj, SC

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CORAM: JUSTICE V. NARASINGH

ORDER

27.06.2023

Order No.

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

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The petitioner is an accused in connection with S.T. Case No.28 of 2023, pending on the file of learned Additional Sessions Judge, Balliguda, arising out of Balliguda P.S. Case No.192 of 2022 for alleged commission of offences under Sections 302/201/34 of IPC.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Balliguda, by order dated 01.03.2023 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the petitioner to this Court. The earlier consideration was prior to the filing of the charge sheet.

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Relying on the common order passed on 19.05.2023 by a Coordinate Bench in respect of the co-accused in BLAPL Nos.12631 & 12648 of 2022, the petitioner seeks release, inter alia, on the ground of parity.

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Page 1 of 2

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Learned counsel for the State opposes the prayer for bail keeping in view the manner of assault and the number of injuries suffered by the injured.

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While granting bail to the co-accused, this Court had referred to the statement of one Rukmani Mallick, who is stated to be an eyewitness.

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Learned counsel for the petitioner places on record the said statement.

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From the recitals in the said statement, it is seen that the present petitioner has been named as one of the aggressors of the assault resulting in the death of Sukadev Rana.

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While granting bail to the co-accused, Co-ordinate Bench had also taken note of the said statement and that the petitioners therein along with others were named as assailants.

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But taking note of the omnibus manner of assault and no particular role being attributed to the petitioners therein granted bail to the co-accused.

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This Court is persuaded to hold that the present petitioner is ex-facie similarly circumstanced. Hence, 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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While releasing the petitioner on bail, learned Court below shall verify the criminal antecedent of the petitioner . If it comes to fore that the petitioner has any criminal antecedent , this order shall stand recalled.

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Accordingly, the BLAPL stands disposed of.

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

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 28-Jun-2023 19:25:12

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(V. NARASINGH) Judge

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Ayesha

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Page 2 of 2

Madan Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madan Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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