Sanjaya Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4624 OF 2022 Sanjaya Mallik & Others .........

Petitioners Mr. A. Pattnaik, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

20.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No. 570 of 2022, arising out of Bolagarh P.S. Case No. 89 of 2022 pending in the Court of learned S.D.J.M., Khurda for the alleged commission of offence punishable under Sections-341/294/323/324/307/509/506/34 of the I.P.C. 4.

Since specific overt act is attributed to Petitioner No.1 and Petitioner No.3, this Court is not inclined to exercise its jurisdiction under Section 438 Cr.P.C. qua petitioner no.1-Sanjaya Mallik and Petitioner No.3. Rakesh @ Naba Mallik.

5.

The ABLAPL in respect of Petitioner Nos.1 and 3 stands rejected.

6.

Taking into account the nature of allegation vis-à-vis the Petitioner No.2 and petitioner Nos. 4 to 12, this Court directs that on surrendering within three weeks hence, the petitioner no.-2 and Petitioner Nos. 4 to 12 shall be released on bail. The Learned Court in seisin over the matter to fix the terms and conditions as deemed just and proper.

7.

Accordingly, the ABLAPL stands disposed of.

8.

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

( V.Narasingh ) Balaram Judge