Orissa High Court
CRLMC/1576/2026 of SAJAN NAYAK @ SAHAJAN NAYAK Vs STATE OF ODISHA on 18 August 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1576 of 2026 CNR No. ODHC010297852026 Sajan Nayak @ Sahajan Nayak & Ors. ..... Petitioners Represented by Adv. - Ramdas Achary -versus- State Of Odisha & Anr. ..... Opposite Parties Represented by Adv. -Mr. D.K.Sahoo, A.G.A. CORAM: THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1576 of 2026
CNR No. ODHC010297852026
Sajan Nayak @ Sahajan
Nayak & Ors.
.....
Petitioners
Represented by Adv. -
Ramdas Achary
-versus-
State Of Odisha & Anr.
.....
Opposite Parties
Represented by Adv. -Mr.
D.K.Sahoo, A.G.A.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
Order No.
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ORDER
18.08.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard learned counsel for the Petitioners as well as the learned Additional Government Advocate. Perused the CRLMC application as well as the prayer made therein.
3. By filing the present application under Section 528 of the B.N.S.S., the accused-Petitioners in Mohana P.S. Case No.97 of 2025, which was registered for commission of offence punishable under Sections 126(2), 296, 115(2), 76, 351(2), 3(5) of the B.N.S., which corresponds to G.R. Case No.63 of 2025, now pending before the learned Special Judge-cum-Sessions Judge, Gajapati, Paralakhemundi, have approached this Court with a prayer for quashing of the entire criminal proceeding.
4. Learned counsel for the Petitioners, at the outset, contended that although charge-sheet has been filed and cognizance has been taken, the Petitioners may be granted liberty to raise the grounds urged in the present application at the time of framing of charge. Accordingly, learned counsel for the Petitioners submitted that he does not want to press this application. He further sought liberty for the Petitioners to surrender before the learned Court below and cooperate with the trial court.
5. Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present bail application is being disposed of with the following observations.
6. The Petitioners shall surrender before the learned Special Judge-cum-Sessions Judge, Gajapati, Paralakhemundi in connection with Mohana P.S. Case No.97 of 2025 dated 13.07.2025 on or before 21.09.2026. Seven days before the Petitioners surrender before the said Court, they or their counsel shall serve a copy of the present application or such number of copies of the such application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her counsel or dependent.
7. Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioners in accordance with law and shall dispose of the bail application on the very same day.
8. Till the date of surrender of the Petitioners as stipulated in this order, the Petitioners shall not be arrested in connection with the aforesaid case.
9. The CRLMC is accordingly disposed of.
10. Issue urgent certified copy as per Rules.
Rubi
(A.K. Mohapatra)
Judge
Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 20-Aug-2026 11:16:54 Signature Not Verified