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2025 DAILYLAW 82292 (ORI)

ANANDA SAHOO v. STATE OF ODISHA

CRLMC/4668/2025 · 2025-12-11

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4668 of 2025 Ananda Sahoo ..... Petitioner Represented by Adv. - Akshaya Kumar Sahoo -versus- State Of Orissa ..... Opposite Party Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 11.12.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the records. 3. The present application has been filed by the Petitioner challenging the order dated 13.03.2013 arising out of Narsinghpur P.S. Case No.105 of 2005, corresponding to G.R. Case No.193 (A) of 2005, pending before the Court of learned J.M.F.C., Narsinghpur. 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 as not pressed with liberty as prayed for. Page 2 of 2. 6. However, on the submission of the leaned counsels without expressing any opinion on the merits of the matter, the Petitioner is given liberty to surrender before the learned J.M.F.C., Narsinghpur, 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. While considering the bail application the learned trial Court shall take into consideration the fact that the co-accused persons have already been acquitted in the meantime. 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. Urgent certified copy of this order be granted as per rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout