Allowed

Susanta Malik v. State of Odisha

Orissa HC23 Jul 2024BLAPL/7101/2024

Case brief

AI extract

What is this about?

This High Court of Orissa allowed a bail petition filed by Susanta Malik for a Tantiapal Police Station case involving alleged offences under Sections 294/324/307 IPC. The court granted bail with a bond and specific conditions despite the relationship with the victim.

What did the court decide?

The petitioner be released on bail by furnishing a bond of Rs. 25,000 with two local solvent sureties for a like amount, subject to conditions including cooperation with investigation and appearance i

Susanta Malik 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.7101 of 2024

Susanta Malik

.....

Petitioners

Represented By Adv. – Mr. Dibyajyoti Sahoo

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr. A.P. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

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ORDER

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Order No. 23.07.2024

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

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. have been filed by the Petitioner for regular bail in connection with G.R. Case No.1074 of 2024, arising out of Tantiapal Marine P.S. Case No.100 of 2024, pending in the Court of learned S.D.J.M., Kendrapara, for alleged commission of offences punishable under Sections 294/324/307 of I.P.C.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner and the victim are related to each other as son and

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Page 1 of 3.

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mother. He further contended that the Petitioner is languishing in custody since 25.09.2024. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that it has been alleged that the Petitioner pressed the neck of his mother. In the aforesaid context, learned counsel for the Petitioner submitted that the injured has not sustained any injury at all. He further contended that the Petitioner does not have any criminal antecedent. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions.

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Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground of seriousness and gravity of the allegation and the fact that investigation is still on. He further submitted that in the event the Petitioner is released on bail, there is every possibility he might abscond from justice which would eventually cause delay in conclusion of the investigation as well as trial.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.25,000/(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the

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Page 2 of 3.

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matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. While imposing conditions, the trial court shall also impose conditions whereby the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; he shall appear before the trial court on each and every date of posting of the case; he shall not harass/threaten/ill-treat the Informant in any manner whatsoever while on bail. Violation of any of the terms and conditions shall entail cancellation of bail.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra)

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Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 25-Jul-2024 14:56:03

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Page 3 of 3.

Susanta Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Susanta Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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