Allowed

Makaradhwaja Mallik v. State of Odisha

Orissa HC10 Apr 2023CRLA/89/2023

Case brief

AI extract

What is this about?

The High Court of Orissa, allowing the bail application in a special强奸 case under the S.C. & S.T. Act, ordered the release of appellants accused of murder on furnishing sureties and a bail bond, noting their similarity to a co-accused already granted bail.

What did the court decide?

Appellants released on bail with bond of Rs.50,000/- each with two local solvent sureties for like amount, along with conditions to appear and not indulge in criminal activities; notice on respondent

Makaradhwaja Mallik Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.89 of 2023

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1. Makaradhwaja Mallik

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2. Sudhir Bakul

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…. Appellants

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Mr. C. Samantaray, Advocate

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-versus-

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1. State of Odisha

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Order No.

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2. Dhanurjya Hati

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…. Respondents

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Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
10.04.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the State submitted that as
per the order of this Court dated 09.03.2023, when
after receipt of the extra copy of the appeal memo
along with the annexures, the same was sent to the
Inspector in-charge of Dunguripalli police station for
its service on the informant in Dunguripalli P.S. Case
No.106 of 2022 and it was offered to the informant,
the informant refused to accept the notice.

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In view of such submission, the notice on the informant-respondent no.2 Dhanurjya Hati is held to be sufficient.

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// 2 //

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None appears for the respondent no.2.

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

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This is an appeal under section 14-A(2) of S.C. & S.T. (PoA) Act, 1989 in connection with Special G.R. Case No.27 of 2022 arising out of Dunguripali P.S. Case No.106 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, Sonepur for offences punishable under sections 302/201/34 of the Indian Penal Code read with section 3(2)(v) of the

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S.C. & S.T. (PoA) Act.

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The appellants moved an application for bail before the Court of learned Special Judge, Sonepur incharge, which was rejected on 01.11.2022.

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Learned counsel for the appellants submitted that the appellants are in judicial custody since 19.05.2022 and they have been charge sheeted under sections 302/201/34 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act. He further submitted that the occurrence in question took place on 11.05.2022 and the dead body of the deceased was found on 14.05.2022 and there is no direct evidence in the case and the only material available against the appellants is their own confession before the police and also the confessional statement of the co-accused before police. He further submitted that similarly situated co-accused, namely,

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Page 2 of 4

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// 3 //

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Ananta Rana has been granted bail by this Court in CRLA No.1204 of 2022 as per order dated 14.02.2023 and therefore, the bail application of the appellants may be favourably considered.

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Learned counsel for the State on verification of the case record fairly submitted that the appellants are similarly situated like the co-accused Ananta Rana, who has been enlarged on bail in the connected criminal appeal.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the appellants, release of coaccused on bail and the period of detention of the appellants in judicial custody, I am inclined to release the appellants on bail.

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Let the appellants be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that they shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail cancellation of bail.

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Page 3 of 4

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// 4 //

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The CRLA is accordingly disposed of.

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Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

Judge

RKM

Page 4 of 4

Makaradhwaja Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Makaradhwaja Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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