Jaladhar Mallik vs State Of Odisha .... Opposite Party on 4 May, 2023

[Cites 6, Cited by 0]

Orissa High Court

Jaladhar Mallik vs State Of Odisha .... Opposite Party on 4 May, 2023

01. 1. Learned counsel for the petitioner submits that the description of the petitioner has been wrongly made in the bail application and he seeks leave to correct the same. He is granted leave to correct the cause title in Court.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner is an accused in connection with C.T. Case No.730 of 2023, pending in the Court of the learned S.D.J.M., Jajpur, arising out of Alakunda P.S. Case No.44 of 2023, for alleged commission of offences under Sections 304/286 of IPC and Section 3 & 4 of Explosive Substance Act and Section 9B of Explosive Substance Act.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jajpur, by order dated 26.04.2023 in the aforementioned case, the present BLAPL has been filed.

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5. It is alleged that the petitioner along with his brother Kalandi Mallik since deceased were preparing fire crackers in their house illegally without any license and in the explosion, his brother- Kalandi Mallik suffered injuries to which he later on succumbed.

6. It is submitted by the learned counsel that the petitioner is in custody since 10.04.2023.

7. It is the submission of the learned counsel for the petitioner that it's a case of accident and no mens rea can be attributed to the petitioner.

8. Learned counsel for the State opposes the prayer for bail during the currency of investigation.

9. Taking into account the nature of allegation, period in custody and the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. While releasing the petitioner on bail, the learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

11. Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till submission of final form on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

12. Accordingly, the BLAPL stands disposed of.

13. Urgent certified copy of this order be granted as per rule.



                                                      (V. NARASINGH)
Ayesha                                                     Judge
AYESHA   Digitally signed by
         AYESHA ROUT                                                     Page 2 of 2
ROUT     Date: 2023.05.05
         21:07:26 +05'30'

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Orissa High Court