Baburam Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.707 of 2022 Baburam Mallick & another ....

Petitioners Mr.A.K.Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.07.2022 02.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

The Petitioners are apprehending his arrest for the alleged commission of offence under sections 363, 366(A), 323,385, 506, 376(2)(n), 120(B) of Indian Penal Code read with Section 6 of POCSO Act in Spl.C.T.(POCSO) Case No.1781 of 2019 of the Court of the learned Additional Sessions Judge-cum-Spl.Judge, POCSO Act, Jajpur arising out of Bari Ramchandrapur P.S. Case No.287 of 2019.

5.

It is submitted by the learned counsel for the Petitioners that the principal accused has already been released on bail. In such view

// 2 // of the matter learned counsel for the Petitioners seek liberty to surrender before the Additional Sessions Judge-cum-Spl.Judge, POCSO Act, Jajpur with a direction to the learned Court below to dispose of the matter on the very same day. In such view of the matter the ABLAPL is disposed of with a direction to the Petitioner to surrender before the learned Additional Sessions Judge-cumSpl.Judge, POCSO Act, Jajpur within three weeks from today. In the event the Petitioner surrenders before the learned court below within the aforesaid period in the above case, the same shall be considered and disposed of on the same day keeping in view the fact that the principal accused has already been released on bail. 6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS