Orissa High Court
CRLMC/3036/2026 of SK.MASKUR ALI Vs STATE OF ODISHA on 1 September 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3036 of 2026 CNR No. ODHC010658622026 Sk. Maskur Ali ..... Petitioner Represented by Adv. - Mohammed Akhter Raza Khan -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. U.R.Jena, A.G.A. CORAM: THE HON’BLE MR. JUSTICE
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3036 of 2026
CNR No. ODHC010658622026
Sk. Maskur Ali
.....
Petitioner
Represented by Adv. -
Mohammed Akhter
Raza Khan
-versus-
State of Odisha
.....
Opposite Party
Represented by Adv. -
Mr. U.R.Jena, A.G.A.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
01.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the records.
3. The present application has been filed by the Petitioner with a prayer to quash the order dated 13.05.2025 arising out of Tirtol P.S. Case No.75 of 2001, corresponding to G.R. Case No.220 of 2001, pending before the Court of learned J.M.F.C., Tirtol.
4. Learned counsel for the Petitioner, at this juncture, contended that he does not want to press this application with liberty to raise the point at the time of framing of charge by filing a discharge petition. He further submitted that the Petitioner be permitted to surrender before the Court below and move an application for bail.
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5. Considering the submissions made by the learned counsel for the Petitioner, the application is disposed of as not pressed with liberty as prayed for.
6. However, on the submission of the leaned counsels without expressing any opinion on the merits of the matter, the Petitioner is given liberty to surrender before the learned J.M.F.C., Tirtol, 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 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 present application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. 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.
7. The CRLMC is accordingly disposed of.
8. Issue urgent certified copy of this order as per Rules.
(A.K. Mohapatra)
Judge
Rubi
Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 07-Sep-2026 11:54:56 Signature Not Verified