Sukadev Malik @ Sukura v. State of Odisha
Case brief
What is this about?
Pre-arrest bail refused with protective surrender-and-bail directions. Sukadev Malik @ Sukura (Adv. Saktidhar Mishra) v. State of Odisha (Smt. Sasmita Nayak, ASC); High Court of Orissa at Cuttack; Aditya Kumar Mohapatra, J.; order dated 05.03.2025 in ABLAPL No.224 of 2025; I.A. No.268 of 2025 recalling order dated 10.01.2025. Apprehended arrest in Tihidi P.S. Case No.545 of 2024 / G.R. Case No.2982 of 2024, S.D.J.M. Bhadrak; offences under Sections 109, 190, 191(2), 296, 308(5), 324(6), 329(4), 351(3), 61(1), 74 BNS. Liberty to surrender within 21 working days; first-hour bail consideration by Magistrate; second-hour consideration by higher forum on same day; principles of parity; case diary and records directions.
What did the court decide?
Pre-arrest bail declined; liberty granted to the Petitioner to surrender before the learned S.D.J.M., Bhadrak within 21 working days and move for bail, with first-hour consideration by the Magistrate strictly on the materials on record and, upon rejection, same-day consideration by the higher forum in the second hour maintaining parity, if applicable.