Sukanta Sundaray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sukanta Sundaray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Petitioner to surrender before the learned N.G.N.-cum-J.M.F.C., Tangi within 21 working days and move for bail; the Magistrate to consider the bail application in the first hour strictly on the materials on record; on rejection, the higher forum to consider and dispose of the bail application on the same day in the second hour applying the principle of parity; Case Diary to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioner's cost, if applied for; urgent certified copy as per Rules.

Issue for consideration

What relief, if any, should be extended to the Petitioner who is apprehending arrest for alleged offences under Sections 303(2), 329, 3(5) of B.N.S.,2023 in G.R.Case No.869 of 2024 (Nirakarpur P.S.Case No.322 of 2024) pending before the learned N.G.N.-cum-J.M.F.C., Tangi?

Court's answer

On the submission of learned counsel, the Petitioner is given liberty to surrender before the learned N.G.N.-cum-J.M.F.C., Tangi in the aforesaid case in the first hour within 21 working days hence and move for bail.

Ratio / Principle

On such surrender, the learned Magistrate shall consider the Petitioner's application for bail in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour.ratio¶19
The higher forum shall consider and dispose of the Petitioner's bail application on the same day, strictly on the basis of the materials on record, by applying the principle of parity.ratio¶19
The Case Diary is to be made available to the concerned courts, and records are to be transmitted to the higher forum at the cost of the Petitioner, if applied for.

Detailed headnote1 paragraphs

Order dated 08.01.2025 of the High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J.) disposing of ABLAPL No.142 of 2025 filed by Sukanta Sundaray, who apprehended arrest for alleged offences under Sections 303(2), 329, 3(5) of B.N.S.,2023 in G.R.Case No.869 of 2024 arising out of Nirakarpur P.S.Case No.322 of 2024, pending before the learned N.G.N.-cum-J.M.F.C., Tangi. The Petitioner was given liberty to surrender before the said Magistrate in the first hour within 21 working days and move for bail; the Magistrate to consider the application strictly on the materials on record; in case of rejection, the Petitioner may move the higher forum in the second hour, which shall consider and dispose of the application the same day strictly on the materials on record by applying the principle of parity. Case Diary to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioner's cost, if applied for.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.142 of 2025

Sukanta Sundaray

..... Petitioner

Represented By Adv. - Manas Kumar Chand

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Mr.Samaresh Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

08.01.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the records.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 303(2), 329, 3(5) of B.N.S.,2023 in G.R.Case No.869 of 2024 arising out of Nirakarpur P.S.Case No.322 of 2024, which is now pending before Learned N.G.N.-cum-J.M.F.C., Tangi.

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned N.G.N.-cum-J.M.F.C., Tangi 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

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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 applying the principle of parity.

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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Signature Not Verified Page 2 of 2.

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 16:47:40