Sk. Sahajuddin @ Sk vs State Of Odisha …. Opposite Party(S) on 11 April, 2025

Orissa High Court

Sk. Sahajuddin @ Sk vs State Of Odisha …. Opposite Party(S) on 11 April, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.1409 of 2025
                 Sk. Sahajuddin @ Sk.              ....               Petitioner(s)
                 Sajuddin and another
                                                        Mr. J. K. Majhi, Advocate

                                            -versus-

             State of Odisha                       ....           Opposite Party(s)
                                                            Mr. B. Nayak, AGA


                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                           ORDER

Order No.                                 11.04.2025
 01.        1.        Heard.

2. Although the petitioners have challenged the order dated

27.12.2021 passed by the learned J.M.F.C., Basta in C.T. Case

No.666 of 2021, whereby the learned Court below has taken

cognizance of the offences punishable under Sections

147/148/332/294/307/224/225/353/427/506/149 of I.P.C. against

them but the petitioners do not want to press this petition rather

reserve their right to agitate all the issues before the learned trial

Court at appropriate stage.

3. Learned counsel for the petitioners further submits that the

co-accused persons had approached this court by making the similar

prayer by filing CRLMC No.526 of 2023. The coordinate Bench of

Page 1 of 3
this Court vide order dated 24.02.2023 has directed the petitioners

therein to surrender before the Court below and applied for bail and

in case, the bail is declined, they have liberty to approach the higher

forum. By relying upon the said order, he submits that the present

petition may also be disposed of in the same line. The operating

part of the order dated 24.02.2023 reads as under:-

“8. Without expressing anything on the merits of the case
and considering the limited prayer of Mr. Panda, learned
counsel for the petitioners, the Court is of the view that
the petitioners should be granted liberty to surrender
before the learned court below and apply for bail and in
case it is declined, then to have liberty to approach the
higher forum.

9. Accordingly, it is ordered.

10. In the result, the CRLMC stands disposed of with a
direction to the petitioners to surrender before the learned
J.M.F.C., Basta on or before 14th March, 2022 in C.T.
Case No.666 of 2021 arising out of Basta P.S. Case
No.304 of 2021 and in the event they surrender within
time stipulated and apply for bail, the court below shall
pass order thereon and in case of rejection, they shall may
approach the higher forum during the 2nd hour and on an
application so moved, learned Sessions Court shall do
well to consider the same and pass appropriate orders
keeping in view the plea of parity and the fact that some
of the petitioners are women and to dispose of the
application on the same day and for the said purpose,
lower court record should be transmitted to the Sessions
Court at the cost of the petitioners.”

5. Accordingly, the CRLMC is disposed of. The petitioners

are directed to appear/surrender before the Court below on or before

30.04.2025 and move appropriate application for grant of bail. If

Page 2 of 3
such application is moved, the same shall be considered by the

courts below on its own merit on the same day.

(S.S. Mishra)
Judge
Swarna

Signature Not Verified
Digitally Signed
Signed by: SWARNAPRAVA DASH
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 12-Apr-2025 15:38:27

Page 3 of 3