Santosh Mallick @ Santa v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6676 of 2022 Santosh Mallick @ Santa and another ....

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

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

08.09.2022 Order No.

02.

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 accused in C.T Case No.382 of 2021 corresponds to S.T. Case No.44 of 2022 pending in the file of learned Additional Sessions Judge, Balliguda arising out of Chakapada P.S. Case No.76 of 2021, offence under Sections 304/201/34 of IPC read with Section 25/27 of the Arms Act and is in custody since 28.12.2021.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Balliguda, dist- Kandhamal by order dated 08.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioners that since charge sheet has already been filed on 14.04.2022 inter

alia under Section 304 of IPC and other allied Sections; further continuance of the petitioners in custody is uncalled for. 6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the background on which the offence is stated to have been committed and filing of charge sheet and the period of custody since 28.12.2021, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi