Bighini@Bighnesar Nayak@Bighneswar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bighini@Bighnesar Nayak@Bighneswar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC disposed of on the petitioner's stated intention not to press the application: liberty to surrender before the learned J.M.F.C., Narasinghpur within 21 working days and move for bail, with first-hour consideration by the Magistrate strictly on the materials on record; on rejection, liberty to move the higher forum in the second hour for same-day disposal; court below to take into account the petitioner's earlier release on bail; case diary to be made available to the concerned courts and records transmitted to the higher forum at the petitioner's cost, if applied for; urgent certified copy as per Rules.

Issue for consideration

Whether the petitioner, apprehending arrest in C.T. Case No.49(C) of 2021 (Narasinghpur P.S. Case No.35 of 2021) under Sections 457, 380/34 IPC, should be permitted to withdraw the CRLMC, surrender before the trial court, and be granted liberty to move for bail with directions for same-day consideration by the court below/higher forum.

Court's answer

Liberty granted to the petitioner to surrender before the learned J.M.F.C., Narasinghpur in the aforesaid case in the first hour within 21 working days and move for bail; on such event the learned Magistrate shall consider his bail application in the first hour strictly on the basis of the materials on record.

Ratio / Principle

In case of rejection of the bail application by the Magistrate, the petitioner may move for bail before the higher forum in the second hour, which shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record.

Key takeaways

The learned court below shall consider the bail application taking into consideration the fact that the petitioner was earlier released on bail.ratio¶21

Detailed headnote1 paragraphs

Orissa High Court (Aditya Kumar Mohapatra, J.), CRLMC No.1514 of 2025, order dated 14.07.2025: The petitioner, apprehending arrest for alleged offences under Sections 457, 380/34 of the Indian Penal Code in C.T. Case No.49(C) of 2021 arising out of Narasinghpur P.S. Case No.35 of 2021, pending before the learned J.M.F.C., Narasinghpur, submitted through counsel that he did not wish to press the application and intended to surrender and seek bail before the court below. The Court disposed of the CRLMC, granting liberty to surrender in the first hour within 21 working days and move for bail; the learned Magistrate was directed to consider the bail application in the first hour strictly on the basis of 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 record. The court below was further directed to consider the bail application in light of the fact that the petitioner was earlier released on bail. Case diary to be made available to the concerned courts and records to be transmitted to the higher forum at the petitioner's cost, if applied for.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1514 of 2025

Bighini@bighnesar Nayak@bighneswar Nayak

..... Appellant

Represented By Adv. - Jyotirmaya Sahoo

-versus-

State Of Odisha

..... Respondent

Represented By Adv. –

Mr.Samaresh Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

14.07.2025

Order No.

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

Learned counsel for the Petitioner during the course of his argument submitted that the Petitioner does not want to press this application and intends to surrender and move for bail before the court below. Hence he prays to direct the court below to consider his bail application and dispose of the same on the very same day.

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 457, 380/34 of the Indian Penal Code in C.T.Case No.49(C)

Page 1 of 2.

of 2021 arising out of Narasinghpur P.S.Case No.35 of 2021 which is now pending in the court of the learned J.M.F.C., Narasinghpur.

Considering such submission of the learned counsel, the Petitioner is given liberty to surrender before the learned J.M.F.C., Narasinghpur 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 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. Learned court below shall consider the bail application taking into consideration the fact that the Petitioner was earlier released on bail.

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 CRLMC is accordingly disposed of.

Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

Page 2 of 2. Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 15-Jul-2025 18:16:01

RKS

Signature Not Verified