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2025 DAILYLAW 39031 (ORI)

SAROJ PADHAN v. STATE OF ODISHA

CRLMC/1995/2025 · 2025-06-26

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1995 of 2025 Saroj Padhan ..... Petitioner Represented By Adv. - Suryakanta Dwibedi -versus- State Of Odisha ..... Opposite Party Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 26.06.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 3. The present application has been filed by the Petitioner with a prayer to quash the entire criminal proceeding arising out of Lathor P.S. Case No.66 of 2023, corresponding to G.R. Case No.390 of 2023, pending before the Court of learned S.D.J.M., Patnagarh. 4. Learned counsel for the Petitioner at this juncture contended that he does not want to press this application with liberty to raise the point at the time of framing of charge by filing a discharge petition. He further submitted that the Petitioner be permitted to surrender before the Court below and move an application for bail. 5. Considering the submissions made by the parties, the application is disposed of by granting liberty to the Petitioner to Page 2 of 2. raise the grounds by filing a discharge application at the time of framing of charge. However, on the submission of the leaned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M., Patnagarh, in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his 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 Petitioner 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 Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. Further, it is directed that while considering the application of the Petitioner for bail, shall also take into consideration the fact that initially the Petitioner was also enlarged on bail. 6. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 7. The CRLMC is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout