Bikram Nayak @ Kalia vs State Of Odisha .... Opposite Party(S)
2024 Latest Caselaw 16435 Ori

Orissa High Court

Bikram Nayak @ Kalia vs State Of Odisha .... Opposite Party(S) on 8 November, 2024

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.3336 of 2024
                 Bikram Nayak @ Kalia           ....                Petitioner(s)
                                               Mr. P. C. Moharana, Advocate

                                          -versus-

             State of Odisha                    ....         Opposite Party(s)
                                                     Mr. S. J. Mohanty, ASC



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

08.11.2024 Order No.

01. 1. Heard.

2. The petitioner has challenged the order dated 04.11.2022

passed by the learned J.M.F.C., Chandikhole in C.T. Case No.1412

of 2022, whereby the learned Court below has taken cognizance of

the offences punishable under Sections

420/468/413/379/294/120(B) of I.P.C against the petitioner.

3. Learned counsel for the petitioner submits that initially

F.I.R. was registered for the offences punishable under Sections

379/294/34 of I.P.C., however, after investigation, graver offences

has been added in the charge-sheet and subsequent thereto, the

cognizance of the said offences has been taken by the learned trial

Court. Hence, he is aggrieved by the cognizance order passed by

the learned Court below.

4. Learned counsel for the petitioner further submits that the

petitioner was on bail earlier. However, after the graver offences

have been added in the charge-sheet, he may have to seek fresh bail.

5. I am not inclined to entertain this petition at this stage. The

grievance of the petitioner can be well attended by the Court below

at the time of framing of charges. Hence, liberty is granted to the

petitioner to raise all the points before the Court below at the

appropriate stage. Liberty is also granted to the petitioner to move

appropriate application before the Court below for grant of bail. If

such application is moved, the same shall be considered in the light

of the judgments of the Hon'ble Supreme Court in the case of

Sushila Aggarwal and others v. State (NCT of Delhi) and another

reported in (2020) 5 SCC 1 and Pradip Ram v. State of Jharkhand

reported in (2019) 17 SCC 326. If such application is moved before

trial Court, it shall be decided on the same day.

5. With this observation, the CRLMC is disposed of.

Digitally Signed                                                       (S.S. Mishra)

Reason: Authentication                                                    Judge
           Swarna
Location: High Court of Orissa
Date: 12-Nov-2024 10:50:18