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2025 DAILYLAW 1306 (ORI)

HARI BEHERA v. STATE OF ODISHA

CRLMC/5507/2025 · 2026-01-08

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5507 of 2025 Hari Behera ..... Petitioner Represented by Adv. - Narendra Kumar Lenka -versus- State Of Odisha ..... Opp. Party Represented by Adv. – S.K. Parhi, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2026 Order No. 02. I.A. No.87 of 2026 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This I.A has been filed by the learned counsel for the petitioner seeking modification of order dated 23.12.2025. 3. Considering the submissions made, the order dated 23.12.2025 is hereby recalled. 4. Accordingly, the I.A. is disposed of. CRLMC No.5507 of 2025 5. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party. 6. This is an application under Section 482 of the Cr.P.C has been filed by the Petitioner with a prayer to quash the order of Page 2 of 3. NBW(A) dated 02.11.2017 passed by the learned Additional Sessions Judge, Odagaon in G.R Case No.170 of 2013 attached with S.T No.83/198 of 2015 arising out of Sarankul P.S Case No.25(15) of 2013. 7. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application, but the Petitioner intends to surrender and moves for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the Petitioner on the same day. 8. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for. 9. Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present bail application is being disposed of with the following observations. 10. The Petitioner shall surrender before the learned Additional Sessions Judge, Odagaon within three weeks in G.R Case No.170 of 2013 attached with S.T No.83/198 of 2015 for commission of alleged offences under Sections 3(1 )(x) of SC & ST (POA) Act read with Sections 341, 323, 294, 354, 506, 34 of I.P.C. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his counsel or dependent. Page 3 of 3. 11. Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the bail application on the very same day strictly on the basis of the materials on record. 12. Till the date of surrender of the Petitioner as stipulated in this order, the Petitioner shall not be arrested in connection with the aforesaid case. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer