Jagabandhu Mallik Vs State of Odisha

Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with Mangalpur P.S. Case No.141 of 2023 corresponding to C.T. (Sessions) No.176 of 2024 pending in the file of learned Additional Sessions Judge, Jajpur on the grounds stated therein.

¶18

In course of hearing, the case diary along with the chargesheet and other relevant documents including P.M. report are produced by Mr. Mishra, learned counsel for the petitioners with the submission that the deceased died due to Asphyxia. As per the chargesheet, the death of the deceased is homicidal in nature. In fact, petitioner No.1 is the husband of the deceased and petitioner No.2 is her son. In course of hearing, Mr. Mishra, learned counsel for the petitioner prays for release of petitioner No.2 only, who is

¶19

Page 1 of 3

¶20

the son of petitioner No.1, with the claim that he has been implicated from having sided with petitioner No.1.

¶21

Mrs. Padhi, learned ASC objects to the release of petitioner No.2 on the ground that he has also been implicated along with the accused father for having killed the deceased related to him as his mother.

¶22

In fact, petitioner No.1 advanced a false plea with the claim that the deceased might have died in on account of burn injuries. As earlier stated, the death of the deceased is due to Asphyxia and it is made to suggest that she was strangulated. But, from the chargesheet, it is revealed that the accused persons are responsible for the alleged mischief. No specific evidence is on record to suggest any overt act committed by petitioner No.2. The claim is that the accused, since was at home at the relevant point of time and sided with his father, namely, petitioner No.1, he is implicated. In absence of any direct material, the case is based on circumstantial evidence, There is no material really coming forth to directly involve petitioner No.2 and rather, petitioner No.1 advanced a false plea claiming the cause of death of the deceased to be otherwise which stood falsified in view of the P.M. report. With the closure of investigation in the month of May, 2024 and custody of petitioner No.2 from 10^th May, 2023, the Court, against the above back drop, is inclined to release petitioner No.2 only on bail with following conditions.

¶23

Hence, it is ordered.

¶24

In the result, petition under Section 483 BNSS stands disposed of. Consequently, petitioner No.2 is directed to be

¶25

Page 2 of 3

¶26

released on bail in connection with Mangalpur P.S. Case No.141 of 2023 corresponding to C.T. (Sessions) No.176 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Additional Sessions Judge, Jajpur, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

¶27

The BLAPL is disposed of.

¶28

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

¶29

Alok (R.K. Pattanaik) Judge

¶30

Signature Not Verified

¶31

Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 13-Mar-2025 18:03:43

¶32

Page 3 of 3

Jagabandhu Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagabandhu Mallik 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sunil Naik Vs State of Odisha

Sibananda Behera @ Sibu Vs State of Odisha

Nilambar Padhan @ Chhota @ Narendra Padhan Vs State of Odisha

Raju @ Rajendra Panda Vs State of Odisha

Manas Ranjan Pati Vs State of Odisha

Rajib Kumbhar @ Gandhi Vs State of Odisha