Madhabananda Jena @ Madha Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Madhabananda Jena @ Madha Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for pre-arrest bail not entertained; ABLAPL disposed of with direction that the Petitioners may surrender before the learned J.M.F.C., Jajpur within one month, with their bail application to be considered on merits in the first hour of the day, liberty to move the higher forum in the second hour on the same day upon rejection, the higher forum to dispose of the bail application the same day on merits, case diary to be made available, and ground of parity (if any) left to the court below.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail (anticipatory bail) in connection with C.T Case No.238 of 2021, arising out of Korei P.S. Case No.53 of 2021.

Court's answer

Considering the nature of allegation, the Court is not inclined to entertain the prayer for pre-arrest bail.

Ratio / Principle

On a conspectus of materials on record, the ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned J.M.F.C., Jajpur.

Key takeaways

The Petitioners may surrender before the learned J.M.F.C., Jajpur in connection with the aforementioned case within one month from today.ratio¶20
In the event of surrender and motion for bail, the bail application shall be considered by the learned J.M.F.C., Jajpur on merits in accordance with law in the first hour of the day.ratio¶21
If the prayer for bail is rejected by the learned J.M.F.C., Jajpur, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.

Detailed headnote1 paragraphs

Anticipatory bail — ABLAPL No.764 of 2025 (Orissa High Court, Justice V. Narasingh, 16.04.2025): Petitioners sought pre-arrest bail in connection with C.T Case No.238 of 2021 (arising out of Korei P.S. Case No.53 of 2021) for offences punishable under Sections 341/294/323/324/354/307/506/34 IPC pending before the learned J.M.F.C., Jajpur. Considering the nature of allegation, the Court declined to entertain the prayer for pre-arrest bail and disposed of the ABLAPL with the observation that the Petitioners may surrender before the learned J.M.F.C., Jajpur within one month. Directions issued: (i) on surrender and motion, the bail application to be considered by the learned J.M.F.C., Jajpur on merits in accordance with law in the first hour of the day; (ii) upon rejection, the Petitioners at liberty to move the higher forum in the second hour on the same day; (iii) the higher forum to dispose of the bail application the same day on merit in accordance with law; (iv) case diary to be made available to the concerned courts, and the learned J.M.F.C., Jajpur to transmit the case record to the higher forum at the earliest in the second hour in the event of rejection; (v) ground of parity, if any, to be considered by the learned court below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.764 of 2025

Madhabananda Jena @ Madha & another

…. Petitioners

Mr. A. Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. R.B. Dash, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

16.04.2025

Order No.

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with C.T Case No.238 of 2021 pending in the Court of learned J.M.F.C., Jajpur, arising out of Korei P.S. Case No.53 of 2021 for commission of offences punishable under Sections 341/ 294/ 323/ 324/ 354/307/506/34 IPC.

Considering the nature of allegation this Court is not inclined to entertain the prayer for pre-arrest bail. However, on a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned

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J.M.F.C., Jajpur in connection with the

aforementioned case within one month from today.

In the event of their surrender and motion for bail, the application for bail shall be considered by the learned J.M.F.C., Jajpur 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., Jajpur, the Petitioners are 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 Petitioners 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 Petitioners and learned J.M.F.C., Jajpur is called upon to transmit the case record to the higher forum at the earliest in the second hour in the event of rejection of the bail application by him.

Ground of parity, if any, may be considered by the learned court below.

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: 16-Apr-2025 20:48:47

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