IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9542 of 2025 Sumanta Choudhury … Petitioner Mr. S.S. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):08.04.2026 1 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Mr. Sudhanshu Sekhar Dash, learned counsel for the petitioner seeks permission of the Court to withdraw the present bail application by praying to grant liberty to the petitioner to renew his prayer for bail before the learned trial Court after examination of material witnesses like witness to dying declaration of the deceased. 3. Accordingly, the present bail application stands disposed of as withdrawn with aforesaid liberty as prayed for. Before parting, this Court expresses its anguish and displeasure to the conduct of the learned Public Prosecutor, who had mechanically submitted a report before the Court concerned by filing a memo to examine remaining CS witnesses as material for the case of the prosecution, but when this Court insisted for an explanation from the concerned Public Prosecutor, he justifies the necessity of examination of 11 out of the rest 18 witnesses. It is, therefore, very clear that the concerned Public Prosecutor has mechanically submitted memo before the learned trial Court without going through the record, which is unbecoming on a part of such law officer. The concerned law officer is, hereby, communicated with the displeasure of this Court for giving reply whimsically to the trial Court in a case where the accused is facing the charge of uxoricide. Further, the learned trial Court should not think lightly that its duty is over by merely seeking a memo from the Prosecutor in a matter like this and the PO is, however, advised not to sit as mute spectator in seeking response of the Public Prosecutor since the provision of charge as provided in law requires the Public Prosecutor to state by what evidence he proposes to prove the guilt of the accused. The aforesaid order together with the memo filed by the Public Prosecutor in the learned trial Court as submitted to this Court be communicated to the Public Prosecutor to remain serious in future to avoid repetition. A copy of this order be supplied to the concerned PO for guidance and communication to the concerned PP. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer