Sriram Mallick Vs State of Odisha

Heard Mr. Panda, learned counsel for the petitioner, Mr. Ray, learned AGA for the State and Mr. Mishra, learned counsel for the informant, who files Vakalatnama today in the Court and the same is accepted and taken on record.

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Instant petition is filed for release of the petitioner on bail in connection with G.R. Case No.3592 of 2022 corresponding to Kissannagar P.S. Case No.252 dated 31^st December, 2022 pending in the file of learned J.M.F.C.-IV (Cog. Taking), Cuttack on the grounds stated therein.

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Perused the rejection order as at Annexure-1. Considered the submissions of learned counsel for the respective parties.

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Mr. Panda, learned counsel for the petitioner submits that the petitioner received charge from his predecessor, who has been granted anticipatory bail in ABLAPL No.3090 of 2024 by order dated 12^th April, 2024 as Annexure-3. It is claimed that there has been a symbolical transfer of duty in favour of the petitioner without the relevant papers to have been handed over to him. It is

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further submitted that enquiry has been held in the meantime and a special audit is in progress and considering the fact that the other accused, namely, Surat Chandra Parida has been granted bail vide Annexure-3, the petitioner, who was an ex-office bearer of the society and has been in custody from 12^th December, 2024, should be allowed to go on bail subject to any conditions as would be imposed by the Court, which is strongly objected to by Mr. Mishra, learned counsel for the informant as well as Mr. Ray, learned AGA for the State on the ground that huge amount of money has been misappropriated by him and the co-accused persons and similarly, it is claimed that enquiry was held with the findings at the end and at present, the special audit is still on.

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The other co-accused, namely, Surat Chandra Parida is on bail by the Court’s order dated 12^th April, 2024 in ABLAPL No.3090 of 2024. In fact, it is made to suggest that upon such complaint received with regard to the misappropriation, enquiry was held and it has resulted with a conclusion and recommendation for a special audit, which as earlier stated, is currently in progress. Having regard to the nature of allegations as made to reveal from the record and the fact that the petitioner lodged an FIR and it has led to the registration of Kissannagar P.S. Case No.85 of 2022 with the allegations against the co-accused, namely, Surat Chandra Parida and the fact that he is in custody from the date of arrest, the Court is of the view that he should be allowed to go on bail subject to following conditions.

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Accordingly, it is ordered.

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In the result, the petition stands disposed of with a direction to release the petitioner on bail in connection with G.R. Case No.3592 of 2022 corresponding to Kissannagar P.S. Case No.252

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Rojina

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dated 31^st December, 2022 subject to him furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C-IV (Cog. Taking), Cuttack, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

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

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(R.K. Pattanaik) Judge

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 09-Jan-2025 12:05:39

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Sriram Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sriram Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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