Shyam Mallik @ Shyam vs State Of Odisha .... Opposite Party(S)
2025 Latest Caselaw 5038 Ori

Orissa High Court

Shyam Mallik @ Shyam vs State Of Odisha .... Opposite Party(S) on 17 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No. 101 of 2025
                 Shyam Mallik @ Shyam           ....                Petitioner(s)
                 Sundar Mallik & Ors.
                                                     Mr. A.C. Behera, Advocate


                                          -versus-

             State of Odisha                    ....           Opposite Party(s)
                                                        Mr. S.J. Mohanty, ASC

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                        ORDER

Order No.                              17.03.2025
 01.        1.        Heard.

2. The petitioners are assailing the order dated 17.10.2019,

whereby the learned SDJM, Jajpur has taken cognizance of offences

punishable under Sections 147/148/341/323/325/326/ 307/294//506/

354/149 of IPC.

3. Learned counsel for the petitioners submits that during

investigation of the FIR, the petitioners were enlarged on

anticipatory bail on 05.09.2019 by this court in ABLAPL No.

11342 of 2019. After the investigation, charge sheet in the case has

already been filed on 24.09.2019 adding graver offence under

Section 307/325/326 of IPC and the learned trial court has taken

cognizance for all the offences.

At the outset, learned counsel for the petitioners submits

that he would not press this petition by reserving his rights to

agitate all the grievance before the learned trial court at the

appropriate stage. He expresses the apprehension that once the

petitioners would appear before the learned trial court, they may

take into custody in view of the addition of the graver offence.

Therefore, he submits that some indulgence may be granted to the

petitioners.

4. Needless to say that the petitioners are entitled to move

application before the learned trial court for grant of bail. If such

application is moved by the petitioners, the same shall be

considered in accordance with law in the light of the judgment of

the Hon'ble Supreme Court in the case of Sushila Aggarwal and

others v. State (NCT of Delhi) and another reported in (2020) 5

SCC 1 and Pradip Ram v. State of Jharkhand reported in (2019) 17

SCC 326.

5. With the aforesaid observation and direction, the CRLMC

is disposed of.

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA (S.S. Mishra)

Location: High Court of Orissa Judge Date: 18-Mar-2025 Ashok10:48:03