CRLMC/2699/2026 of GOPAL KRUSHNA MOHANTY Vs STATE OF ODISHA on 25 August 2026

ORDER

25.08.2026 Order No.

02.

1. This matter is taken up through Hybrid Mode.

2. Heard learned counsel for the Petitioner as well as learned counsel appearing for the victim-Opposite Party No.2, who happens to be the mother of the deceased as well as learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.

3. Though by filing the present application, the accused- Petitioner in G.R. Case No.294 of 2022 pending in the court of learned JMFC, Purusottampur which corresponds to Purusottampur P.S Case No.314 of 2022 has approached this Court with a prayer for quashing of the entire proceeding in respect of the Petitioner, however, he further submitted before this Court that he does not want to press this application with liberty to the Petitioner to surrender before the court below and to participate in the trial.

4. Learned counsel appearing for the Victim, on the other hand, objected to the prayer made in the present application. Mr. Ragada, learned counsel appearing for the victim stated before this Court that on earlier several occasions, the Petitioner was given opportunity to surrender before the learned trial court and move an application for bail, despite such order, the Petitioner has flouted this Court’s order and has not surrendered.

5. Learned counsel for the State also objected to the prayer made in the present application with regard to the quashing of the proceeding. Learned counsel for the State contended that the allegation made in the FIR is of serious nature and that in the meantime, the trial has commenced in respect of the co-accused. Since the Petitioner did not appear before the learned trial court, the case in respect of the Petitioner has already been split up. In such view of the matter, learned counsel for the State contended that the application filed by the Petitioner is devoid of merit.

6. Taking into consideration the submissions made by learned counsels appearing for the respective parties, further taking note of the undertaking by the counsel for the Petitioner that the Petitioner is ready and willing to surrender before the learned trial court and cooperate with the learned trial court for an early conclusion of the trial, this Court, as a last chance, grants liberty to the Petitioner to surrender before the learned JMFC, Purusottampur in the aforesaid case in the first hour within four weeks 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 by maintaining the principles of parity, if applicable.

7. Case Diary be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

8. It is further directed that in the event the Petitioner fails to surrender before the court below within the aforesaid time, it will be open to the learned trial court to take resort to any coercive measures under the law to ensure the presence of the Petitioner before the trial court.

9. With the aforesaid observations/ directions, the CRLMC application stands disposed of.

( A.K. Mohapatra )

Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 28-Aug-2026 14:15:55 Signature Not Verified