Allowed

Munjuka Mallick v. State of Odisha

Orissa HC24 Jun 2024BLAPL/518/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner accused of murdering his wife under Section 302 IPC. The Court granted bail after nearly five years of custody, noting that only a few witnesses were examined and none directly incriminated the accused. Bail was allowed on furnishing bonds with conditions to attend trial and not leave jurisdiction.

What did the court decide?

Bail granted on furnishing bonds of Rs.15,000 with one solvent surety on conditions to attend trial and not leave jurisdiction.

Munjuka Mallick Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.518 of 2024

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Manjuka Mallick

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… Petitioner

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Mr. S.Dwibedi, Advocate -versus-

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State of Odisha

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… Opposite Party Mr. S.Mishra, ASC

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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06.

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ORDER(ORAL) 24.06.2024

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Balliguda P.S. Case No.114 of 2019 corresponding to S.T. Case No.18 of 2020 pending in the file of learned Addl. Sessions Judge, Balliguda, Kandhamal for commission of offences punishable Under Section 302 of IPC, on the allegation of committing Uxoricide. 3. Mr.Suryakanta Dwibedi, learned counsel for the petitioner, however, apprises this Court that this is the second bail application of the petitioner and no bail application of the petitioner is pending before any other forum.

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Heard, Mr. Suryakanta Dwibedi, learned counsel for the petitioner and Mr. S.Mishra, learned ASC in the present matter and perused the record.

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It is brought to the notice of the Court that the petitioner has been detained in custody since 14.09.2019, but only 07 out of 49 charge sheeted witnesses have been examined and the evidence of none of the witness directly incriminates the petitioner for murder of his own wife.

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For the reason stated hereinabove and on going through the materials placed on record, especially taking into account the long custody of the petitioner for near about five years, this Court without expressing any opinion on the merits of the case, grants bail to the petitioner.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay.

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It is clarified that the Court in seisin of the case

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will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 9. Issue urgent certified copy of the order as per

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Rules.

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(G. Satapathy) Judge

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kishore

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Signature Not Verified

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 25-Jun-2024 13:58:30

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Munjuka Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Munjuka Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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