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2026 DAILYLAW 439 (ORI)

SIPU@DHARMESH PATRA@DHARMESWAR PATRA v. STATE OF ODISHA

CRLMC/55/2026 · 2026-01-08

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.55 of 2026 Sipu @ Dharmesh Patra @ Dharmeswar Patra ..... Petitioner Represented by Adv. – Mr. Anand Jena -versus- State of Odisha ..... Opposite Party Represented by Adv. – Mr. S.K. Brahma, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 08.01.2026 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. The present Criminal Miscellaneous Case has been filed by the Petitioner with a prayer to quash the order of N.B.W. issued against him by the learned J.M.F.C.(II), Cuttack. 4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application, but the Petitioner intends to surrender and move for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the Petitioner on the same day. 5. Considering the submission made, this CRLMC stands disposed Page 2 of 2. of as not pressed. 6. However, it is observed that in the event the Petitioner surrenders before the court of learned J.M.F.C.(II), Cuttack in the aforesaid case in the first hour within 21 working days hence and moves for bail, the learned J.M.F.C.(II), Cuttack 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. 7. 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. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Debasis