Sankar Lama @ Amar vs State Of Odisha .... Opp. Party
2025 Latest Caselaw 4272 Ori

Orissa High Court

Sankar Lama @ Amar vs State Of Odisha .... Opp. Party on 20 February, 2025

         IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CRLMC No.309 of 2025

          Sankar Lama @ Amar                     .... Petitioner
          Kumar Bahadur
                                                      None



                                     -versus-
          State of Odisha                        .... Opp. Party
                                                    Mr.S.J.Mohanty,
                                                    ASC


        CORAM:
             JUSTICE SIBO SANKAR MISHRA

Order                               ORDER
 No.                              20.02.2025

02. 1. In this petition, the petitioner is exploring the following relief:

"to allow this petition and direction issued to the trial court to consider the present petitioner bail application same day keeping in view of the Hon'ble Apex Court Judgment Tofan Singh vs. State of Tamil Nadu and the principle of parity in connection with T.R. Case No.08/2021 pending in the court of the Sessions Judge-cum-Special Judge, Koraput."

2. The prayer made in this petition is vague. Hence, no direction is necessary to be passed in this case.

3. Mr. Mohanty, learned Additional Standing Counsel for the opposite party-State submits that the petitioner has already approached this Court by filing ABLAPL No.6499 of 2022. The Coordinate Bench of this court vide order dated 06.07.2022 has disposed

of the said application, inter alia, directing the petitioner to surrender and move for bail plea before the Court below within a period of four weeks. However, the petitioner has not complied with the order of the Coordinate Bench dated 06.07.2022, rather filed the present petition.

4. Therefore, I am not inclined to entertain the present petition at this stage. However, its open for the petitioner to avail the benefit of the order dated 06.07.2022 passed in ABLAPL No.6499 of 2022 and appear/surrender before the trial Court on or before 20.03.2025 and resort to the remedy available to him under law.

5. It is also open for the petitioner to raise all the points before the trial Court while pressing the bail plea. It is expected that the learned trial Court shall deal with the same on its merit by taking into consideration the judgment of the Hon'ble Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu, reported in AIR 2020 SC 5592.

6. With the aforementioned observation, the CRLMC is disposed of.

(S.S. Mishra) Judge

Subhasis

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 20-Feb-2025 19:27:08