Citation : 2025 Latest Caselaw 4920 Ori
Judgement Date : 12 March, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.128 of 2023
Bikram Sekhar Mallik ..... Appellant/
Petitioner
Mr. Devashis Panda,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Aurobinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 12.03.2025
08. Though this matter was not in the list, on being mentioned in the first hour that the father of the petitioner died on 08.03.2025, on account of the Signature Not Verified urgency, we directed the matter to be listed on special Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF notice after lunch and accordingly, this matter is taken ORISSA, CUTTACK Date: 12-Mar-2025 17:53:06
up through Hybrid arrangement (video conferencing/physical mode).
Mr. Devashis Panda, learned counsel for the petitioner at the outset submits that the name of the appellant Bikram Sekhar Mallik has been inadvertently
typed as Bikram Keshari Mallik in the cause title of the criminal appeal. His name is mentioned in the Vakalatnama so also in the impugned judgment as Bikram Sekhar Mallik and he may be permitted to file a corrected cause title.
Permission is granted.
The corrected cause title filed in Court is taken on record and the same shall be incorporated in the physical and digital record.
This is an application for interim bail on the ground that the father of the petitioner has expired on 08.03.2025 and in order to perform the funeral obsequies of his late father, the presence of the petitioner is very much necessary.
In the first hour, learned counsel for the State was asked to obtain instruction on the interim application from the concerned police station and he has produced the written instruction dated 12.03.2025 received from the Inspector in-charge of Gangapur police station, in which it is stated that Prabhakara Biswal @ Mallik, the father of the petitioner Bikram Sekhar Mallik died on 08.03.2025 while undergoing treatment at Ayushman Hospital, Vishakhapatanam. A copy of the cremation receipt dated 09.03.2025 issued by Swargadwar Seva Samiti, Puri in respect of Pravakar Biswal has also been annexed to the written instruction. The written instruction is taken on record.
After hearing learned counsel for the respective parties and going through the averments taken in the interim application and the document annexed thereto and the written instruction received by the learned cunsel for the State, we are inclined to release the petitioner Bikram Sekhar Mallik on interim bail for a period of two weeks from the date of his release. The petitioner shall surrender before the learned trial Court on expiry of the said interim bail period.
Let the petitioner Bikram Sekhar Mallik be released on interim bail for the aforesaid period in connection with S.T. Case No.41 of 2013 of the Court of learned Addl. Sessions Judge, Aska, Ganjam on furnishing bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent local surety for the like amount to the satisfaction of the learned trial Court with further terms and conditions as the learned Court may deem just and proper including the conditions that while on interim bail, the petitioner shall not indulge in any criminal activities and shall not leave the jurisdiction of the learned trial Court and the Inspector in-charge of Gangapur police station shall keep a close watch on the activities of the petitioner while on interim bail.
Violation of any of the terms and conditions shall entail in cancellation of interim bail.
A free copy of the order be handed over to the learned counsel for the State for onward transmission to
the I.I.C., Gangapur police station for compliance.
Accordingly, the I.A. is disposed of.
( S.K. Sahoo) Judge
(Savitri Ratho) Judge
09. List this mater in the week commencing from 07.04.2025.
Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.
Issue urgent certified copy of the order during the course of the day.
( S.K. Sahoo) Judge
(Savitri Ratho) Judge Sipun
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