SISIR KUMAR MALLICK @ SISIRA MALLIK v. STATE OF ODISHA
ABLAPL/1716/2026 · 2026-03-24
R K Pattanaik
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5308 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5308 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1716 of 2026
Sisir Kumar Mallick @ Sisira Mallik and others …. Petitioners Mr. S.R. Rout, Advocate
-Versus-
State of Odisha …. Opposite Party Mr. S.K. Lenka, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 24.03.2026
01.
1. Heard learned counsel for the respective parties.
2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioners in connection with Niali P.S. Case No.21 of 2017 corresponding to G.R. Case No.241(B) of 2017 pending in the file of learned J.M.F.C., Niali, Cuttack on the grounds stated therein.
3. Gone through the FIR as at Annexure-1 and the allegations contained therein. It is submitted to the Court that the chargesheets have been filed over a period of time and the investigation is concluded. A copy of the last chargesheet dated 31st December, 2023 is produced. It is claimed that the petitioners have been chargesheeted in the year 2022 and not earlier, as additional chargesheets have been filed thrice. The submission is that some of the co-accused persons are on bail and the petitioners are similarly situated.
4. Recorded the objection of the State. p. 2
5. From the FIR, it is revealed that a case under Section 307 IPC has been registered with other allied offences but it was turned to one under Section 302 IPC and ultimately, chargesheets have been filed. The bail orders in ABLAPLs are in record. Since the petitioners claim to be on similar footing like other accused persons and even though they have been chargesheeted towards the end and not initially, this Court is inclined to direct them to surrender before the learned court below seeking regular bail with all such plea, as has been advanced at present regard being had to the orders in the ABLAPLs in respect of others.
6. Accordingly, it is ordered.
7. In the result, ABLAPL is disposed of. It is further
directed that in the event, the petitioners surrender within a period of four weeks from today before the learned J.M.F.C., Niali, Cuttack in connection with Niali P.S. Case No.21 of 2017 corresponding to G.R. Case No.241(B) of 2017 and move applications for regular bail, it shall be duly considered in the first hour and in case of rejection, they shall approach the learned Sessions Court during the second hour for orders on the same day considering the plea of parity and for the said purpose, the case record shall be made available.
8. Issue urgent certified copy as per rules.
(R.K. Pattanaik) Judge Alok