Pratap Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5424 of 2022 Pratap Mallick ....

Petitioner M/s.B. Dalai Advocate -versusState of Odisha ....

Opposite Party Mr.S.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.7.2022.

Order No.

02.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 22nd April, 2022 in connection with Tantiapal Marine P.S. Case No.39/2022 corresponding to G.R. Case No.703/2022 pending in the court of learned S.D.J.M., Kendrapara, for the alleged commission of the offence under Sections 457/395/307/120-B/412/413 of the I.P.C. read with Sections 25/27 Arms Act.

4. It is alleged that the Petitioner and five other persons entered into the house of the informant and committed dacoity. When

// 2 // the brother of the informant protested, the culprits assaulted him by means of an iron rod causing severe injuries. It is submitted that the Petitioner was apprehended on the basis of the statement of the co-accused. It is submitted by the learned counsel for the Petitioner that the Petitioner was identified in T.I. parade.

5. Considering the above facts, the period of detention in custody and the fact that some of the stolen properties have been recovered from the possession of the Petitioner, I am inclined to allow the prayer for bail.

6. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case without fail. Further, the Petitioner shall appear before the I.I.C. of Tantiapal Marine P.S. on every Monday at 10.00 A.M. for a period of six months.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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