TAPAN KUMAR JENA@TAPAN JENA@TAPINA@TAPU v. STATE OF ODISHA
CRLMC/5656/2025 · 2026-01-06
Aditya Kumar Mohapatra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2970 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2970 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5656 of 2025 Tapan Kumar Jena @ Tapan Jena @ Tapina @ Tapu & Ors. ..... Petitioners
Represented by Adv. - Tushar Kanta Sahoo -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 06.01.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. This is an application under Section 482 of the Cr.P.C has been filed by the Petitioners with a prayer to quash the order of NBW dated 26.07.2021 passed by the learned JMFC, Niali in G.R Case No.189 of 2020 arising out of Niali P.S Case No.202 of
2020.
4.
Learned counsel for the Petitioners during course of argument submits that the Petitioners do not want to press this application, but the Petitioners intend to surrender and move for bail before the court below, hence, he submits to direct the court
Page 2 of 2. below to dispose of the bail application of the Petitioners on the same day.
5. Considering the submission made, this CRLMC stands
disposed of as not pressed with liberty as prayed for.
6. Further, taking into consideration the submissions made by
learned counsel for the Petitioners that the Petitioners are ready and willing to cooperate with the trial, this Court grants liberty to the Petitioners to surrender before the court of learned JMFC, Niali in the aforesaid case in the first hour within 21 working days hence and move for bail, the learned JMFC, Niali shall consider their application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioners may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioners on the same day strictly on the basis of the materials on record.
7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioners before the court below. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.
( Aditya Kumar Mohapatra)
Judge Anil
Designation: Junior Stenographer