Orissa High Court
Parama Mallik @ Bijay vs State Of Odisha on 17 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.35 of 2016
Parama Mallik @ Bijay ..... Appellant/
Mallik Petitioner
Mr. Arupananda Das,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Jateswar Nayak,
Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No.
17.09.2025
14. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under section 389 of Cr.P.C. for
grant of bail.
Heard.
Signed by: RAJESH KUMAR BADHEI
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA,
The appellant-petitioner has been convicted for the
CUTTACK
Date: 18-Sep-2025 18:08:58
offences punishable under sections 302/201 of I.P.C. and
sentenced him to undergo imprisonment for life and to pay
a fine of Rs.5,000/- (rupees five thousand), in default, to
undergo R.I. for a further period of six months for the
offence under section 302 of the I.P.C., to undergo further
rigorous imprisonment for a period of two years and to pay
a fine of Rs.1,000/- (rupees one thousand), in default, to
undergo rigorous imprisonment for a period of three
months for the offence under section 201 of the I.P.C. and
the substantive sentences are directed to run concurrently
by the learned 3rd Addl. Sessions Judge, Puri vide judgment
and order dated 02.04.2016/04.04.2016 in S.T. Case
No.175-328 of 2013.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody since 09.05.2011 and thus,
he has undergone more than fourteen years of sentence
and though the paper book has been prepared, but there is
no chance of early hearing of the appeal in the near future
and it is a case of based on circumstantial evidence and
except the last seen of the deceased in the company of the
petitioner, there is no other clinching material available on
record and therefore, the bail application of the petitioner
may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties, the period of detention
of the petitioner in judicial custody and absence of any
chance of early hearing of the appeal in the near future, we
are inclined to release the petitioner on bail.
Let the appellant-petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.20,000/-
(rupees twenty thousand) with one local solvent surety for
the like amount to the satisfaction of the learned trial Court
subject to condition that he shall not indulge in any
criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
Urgent certified copy of this order be granted as per
rules.
Let a copy of the order be communicated by the
Registrar (Judicial) to the concerned Jail Superintendent
and also to the learned 3rd Addl. Sessions Judge, Puri by e-
mail for compliance.
( S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Rajesh
