Sahailendra Deshinayak vs State Of Odisha ..... Opp. Party
2025 Latest Caselaw 9514 Ori

Orissa High Court

Sahailendra Deshinayak vs State Of Odisha ..... Opp. Party on 29 October, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLMC No.4432 of 2025
            Sahailendra Deshinayak         .....     Petitioner
                                                              Represented By Adv. -
                                                              A.P. Bose

                                           -versus-
            State Of Odisha                       .....                 Opp. Party
                                                             Represented By Adv. -
                                                             B.K. Sahu, A.G.A.

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA

                                           ORDER

29.10.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the application as well as the prayer made therein.

3. This is an application under Section 528 of the BNSS has been filed by the Petitioner with a prayer to quash the NBW passed in Special Case No.37 of 2009 by the learned Judge, Special Court, Angul, for alleged commission of offences under Sections 20(b)(ii)C of NDPS Act.

4. Learned counsel for the Petitioner at the outset submitted that the Petitioner does not want to press this application with liberty to approach the learned trial court with an application for release of the Petitioner on bail. He further submitted that till date the Chemical Examination Report has not been submitted. As

such, learned counsel for the Petitioner raised doubt with regard to the genuineness of the prosecution case. In the aforesaid context, he also referred to the judgment of a Coordinate Bench in Sk. Eimat @ Bidhia vs. State of Odisha in CRLMC No.2033 of 2022 decided on 12.10.2022 as well as in Firoj Mallick vs. State of Odisha in CRLMC No.3859 of 2024 disposed of on 03.12.2024 and in Ajaya Mohapatra @ Muna & Anr. vs. State of Odisha in CRLMC No.4818 of 2023 decided on 08.04.2024.

5. In view of the aforesaid position, the present application is being disposed of by granting liberty to the Petitioner to move the bail application within two weeks from today before the learned Sessions Judge-cum-Spl. Judge, Gajapati. In such eventuality, the learned court in seisin over the matter shall do well to consider by taking into consideration the law laid down by this Court in the abovenoted judgments and dispose of the bail application of the Petitioner on the same day on merit in accordance with law.

6. 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.

7. Accordingly, the CRLMC is disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 30-Oct-2025 11:32:24