Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3768 of 2025
Gourahari Sahoo and others ..... Petitioners
Represented By Adv. - Jayakrishna Mohapatra -versus-
State Of Orissa ..... Opposite Party
Ms. B.K. Sahu, AGA
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 18.09.2025
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioners and learned counsel for the State. Perused the records.
3. The present application has been filed by the Petitioners with a prayer to quash the entire criminal proceeding arising out of Bansada P.S. Case No.267 of 2025, corresponding to G.R. Case No.639 of 2025, pending before the Court of learned J.M.F.C., Chandbali.
4.
Learned counsel for the Petitioners at this juncture contended that he does not want to press this application with liberty to raise the point at a later stage of proceeding. He further submitted that the Petitioners be permitted to surrender before the Court below and move an application for bail.
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5. Considering the submissions made by the parties, the application is disposed of as not pressed with liberty as prayed for.
6. However, on the submission of the leaned counsel, the Petitioners are given liberty to surrender before the learned J.M.F.C., Chandbali, 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 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 by maintaining the principles of parity, if applicable. While consider the case of the Petitioners the learned court in seisin over the matter shall also take into consideration the fact that the co-accused persons have already been enlarged on bail. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, 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