Sabitri Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sabitri Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, the Petitioners were given liberty to surrender before the learned court in seisin over G.R. Case No.789 of 2024 within 21 working days and move for bail in the first hour, to be considered strictly on the materials on record; on rejection, liberty to move before the higher forum in the second hour for same-day disposal maintaining parity, if applicable. Case Diary & Injury Report to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioners' cost, if applied for. Urgent certified copy of the order to be issued as per Rules.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioners who are apprehending arrest for the alleged commission of offence under Sections 109(2), 115(2), 118(2), 126(2), 189(4), 190, 351(3) of B.N.S., 2023 in G.R. Case No.789 of 2024. +1 more

Court's answer

The Court declined to grant anticipatory bail to the Petitioners.

Ratio / Principle

Despite refusing anticipatory bail, the Court gave the Petitioners liberty to surrender before the court in seisin over the matter within 21 working days and move for bail in the first hour; the learned Magistrate shall consider the bail application in the first hour strictly on the basis of the materials on record; in case of rejection, the Petitioners may move for bail before the higher forum in the second hour, which shall consider and dispose of the application on the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.

Key takeaways

Ancillary operative directions: the Case Diary & Injury Report are to be made available to the concerned courts, and the records are to be transmitted to the higher forum at the cost of the Petitioners, if applied for.ratio¶26
The order dated 08.01.2025 was recalled in response to I.A. No.302 of 2025, and the I.A. was disposed of.ratio¶17

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, ABLAPL No.153 of 2025 (Aditya Kumar Mohapatra, J.; order dated 18.02.2025): Anticipatory bail application of Sabitri Sahu and Subham Sahu, apprehending arrest for alleged offences under Sections 109(2), 115(2), 118(2), 126(2), 189(4), 190 and 351(3) of B.N.S., 2023 in G.R. Case No.789 of 2024 of the learned J.M.F.C., Buguda, arising out of Buguda P.S. Case No.610 of 2024, was considered and the Court was not inclined to grant anticipatory bail. As a protective measure, the Petitioners were given liberty to surrender before the court in seisin within 21 working days and move for bail in the first hour, to be considered strictly on the materials on record; on rejection, they may approach the higher forum in the second hour for same-day disposal maintaining the principles of parity, if applicable. Case Diary & Injury Report to be made available to the concerned courts; records to be transmitted to the higher forum at the Petitioners' cost, if applied for. Separately, I.A. No.302 of 2025 seeking modification of the order dated 08.01.2025 resulted in that order being recalled, and the I.A. was disposed of. The ABLAPL was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.153 of 2025

1) Sabitri Sahu

..... Petitioners

Subham Sahu Represented By Adv. - Madan Sundar Behera

-versus-

State Of Odisha

.....

Opposite Parties

Represented By Adv. – M.R.Patra, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.02.2025 I.A. No.302 of 2025

Order No.

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

This I.A. has been filed by the learned counsel for the petitioners seeking modification of order dated 08.01.2025.

Considering the submissions made, the order dated 08.01.2025 is hereby recalled.

Accordingly, the I.A. is disposed of.

ABLAPL No.153 of 2025

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.

The Petitioners are apprehending arrest for the alleged commission of offence under Sections 109(2), 115(2), 118(2), 126(2), 189(4), 190, 351(3) of B.N.S., 2023 in G.R. Case No.789 of

Page 1 of 2.

2024 of the Court of the learned J.M.F.C., Buguda, arising out of Buguda P.S. Case No.610 of 2024.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioners.

However, on the submission of the learned counsel, the Petitioners are given liberty to surrender before the learned court in seisin over the matter 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. .

Case Diary & Injury Report be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioners, if applied for.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of the order as per Rules.

( A.K. Mohapatra)

Judge

Anil

Signature Not Verified

Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Feb-2025 15:23:04