Orissa High Court
CRLMC/3073/2026 of ASHOK KUMAR SWAIN@ ASHOK SWAIN Vs STATE OF ODISHA on 2 September 2026
of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3073 of 2026 CNR No. ODHC010617742026 Ashok Kumar Swain @ Ashok Swain ..... Petitioner Represented by Adv. – Mr. Smruti Ranjan Rout -versus- State of Odisha ..... Opposite Party Represented by Adv. – Mr. Prem Kumar Mohanty, ASC
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3073 of 2026
CNR No. ODHC010617742026
Ashok Kumar Swain @ Ashok
Swain
.....
Petitioner
Represented by Adv. –
Mr. Smruti Ranjan Rout
-versus-
State of Odisha
.....
Opposite Party
Represented by Adv. –
Mr. Prem Kumar
Mohanty, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
02.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. The present Criminal Miscellaneous Case has been filed by the Petitioner with a prayer to quash the order dated 09.11.2015 passed by the learned Civil Judge-cum-J.M.F.C., Niali in G.R. Case No.840(A) of 2015 whereby N.B.W.(A) has been issued against him.
4. Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application, but the Petitioner intends to surrender and move for bail before the court below, hence, he submits to direct the court below to dispose of the bail application of the Petitioner on the same day.
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5. Considering the submission made, this CRLMC stands disposed of as not pressed.
6. However, it is observed that in the event the Petitioner surrenders before the court of learned J.M.F.C.(P), Kujang in the aforesaid case in the first hour within 21 working days hence and moves for bail, the learned Civil Judge-cum-J.M.F.C., Niali 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. While considering the bail application of the Petitioner, the trial court shall take into consideration the fact that the Petitioner was earlier released on bail
7. 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.
8. Accordingly, the CRLMC is disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra)
Judge Debasis
Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 07-Sep-2026 13:57:52 Signature Not Verified