Sujit Kumar Naik @ Sujit Naik @ Pata Nayak @ Patu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sujit Kumar Naik @ Sujit Naik @ Pata Nayak @ Patu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail not granted; ABLAPL disposed of with directions that the Petitioner may surrender before the learned J.M.F.C., Saintala within one month, that his bail application be considered on merits in the first hour of the day by the J.M.F.C., and if rejected, that the higher forum dispose of it the same day in the second hour, with the case diary made available and the record transmitted expeditiously; ground of parity, if canvassed, to be considered by the court below.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail in connection with G.R. Case No.340 of 2022 arising out of Saintala P.S. Case No.362 of 2022. +1 more

Court's answer

Taking into account that some co-accused have been released on bail and on a conspectus of materials on record, the Court disposed of the ABLAPL without itself granting pre-arrest bail, observing that the Petitioner may surrender before the learned J.M.F.C., Saintala within one month.

Ratio / Principle

Upon surrender and motion for bail, the J.M.F.C., Saintala shall consider the bail application on merits in accordance with law in the first hour of the day.

Key takeaways

In the event of rejection of bail by the learned J.M.F.C., Saintala, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶¶25
On being so moved, the higher forum shall dispose of the Petitioner's bail application the same day on merits in accordance with law; the case diary is to be made available to the concerned courts, and the learned J.M.F.C., Saintala is called upon to transmit the case record to the higher forum expeditiously in the event of rejection.ratio¶¶26
The ground of parity, if any, is left to be considered by the learned court below if canvassed by the Petitioner's counsel at the time of consideration of the bail application.

Detailed headnote1 paragraphs

Anticipatory Bail — Second successive ABLAPL — Petitioners' earlier leave to move courts below unavailed — Charge sheet filed 10.03.2024 under Sections 341/307/34 IPC after deletion of Section 394 IPC allegation; injuries contended simple — Co-accused released on bail — Held: ABLAPL disposed of without granting pre-arrest bail; Petitioner to surrender before learned J.M.F.C., Saintala (G.R. Case No.340 of 2022 / Saintala P.S. Case No.362 of 2022) within one month; on surrender, bail application to be considered on merits by the J.M.F.C. in the first hour of the day and, if rejected, the higher forum to decide it the same day in the second hour, with the case diary made available and record transmitted expeditiously — Ground of parity, if canvassed, left for consideration by the court below (Orissa High Court, V. Narasingh, J., 03.04.2025).

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2510 of 2025

Sujit Kumar Naik @ Sujit Naik @ Pata Nayak @ Patu

Petitioner

Mr. S. Dwibedi, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

03.04.2025

Order No.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.340 of 2022 pending in the Court of learned J.M.F.C., Saintala, arising out of Saintala P.S. Case No.362 of 2022.

This is the second journey of the Petitioner to this Court. Earlier the Petitioner was granted leave to move the learned Courts below.

It is submitted by the learned counsel that because of the supervening circumstances the Petitioner did not avail such order.

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It is further submitted that there is no bar for filing of successive bail application more so anticipatory bail application.

It is his further submission that in the meanwhile charge sheet has been filed and though initially the offence alleged was one under Section 394 IPC but the same has been deleted. Copy of the charge sheet filed in Court is taken on record which indicates that the charge sheet has been filed on 10.03.2024 under Sections 341/307/34 IPC. The Petitioner seeks pre-arrest bail, inter alia, contending that the injuries are simple in nature.

Learned counsel for the State opposes such prayer and submits that there is no change in circumstance rather filing of the charge sheet fortifies the stand of the prosecution and one of the offence being under Section 307 IPC, no leniency ought to be shown to the Petitioner.

Considering that some of the co-accused have been released on bail and on a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned J.M.F.C., Saintala in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the application for bail shall be considered by the

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learned J.M.F.C., Saintala on merits in accordance with law in the first hour of the day. In the event of rejection of the prayer for bail by the learned J.M.F.C., Saintala, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

On being so moved, the higher forum shall dispose of the bail application of the Petitioner on the same day on merit in accordance with law. In that event, the case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C., Saintala is called upon to transmit the case record to the higher forum expeditiously in the event of rejection of the bail application by him.

Ground of parity, if any, may be considered by the learned court below if the same is canvassed by the learned counsel for the Petitioner at the time of consideration of the bail application.

Accordingly, the ABLAPL stands disposed of.

PKS

Signature Not Verified

Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 04-Apr-2025 12:05:54

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