Supreme Court – Daily Orders
Md. Abdur Raheman @ Md. Abdur Raheman … vs State Of Odisha on 20 April, 2026
ITEM NO.58 COURT NO.1 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).1727/2026
[Arising out of impugned final judgment and order dated 11-11-2025
in BLAPL No.644/2025 passed by the High Court of Orissa at Cuttack]
MD. ABDUR RAHEMAN @ MD. ABDUR RAHEMAN ALLI KHAN Petitioner(s)
VERSUS
STATE OF ODISHA Respondent(s)
Date : 20-04-2026 This petition was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) :Ms. Nitya Ramakrishnan, Sr. Adv.
Mr. Sarim Naved, Adv.
Ms. Maulshree Pathak, AOR
Mr. Mohd Noumaan, Adv.
Mr. Shahid Nadeem, Adv.
Mr. Wasif Rahman Khan, Adv.
For Respondent(s) :Mr. K.M. Nataraj, A.S.G.
Mr. Pitambar Acharya, Adv. Gen.
Mr. Akshay Amritanshu, AOR
Mr. Anuj Udupa, Adv.
Mr. Sarthak Srivastava, Adv.
Ms. Visakha Raghuram, Adv.
Ms. Shaiwa Singh, Adv.
Mr. Ruturaj Satpathy, Adv.
Mr. Mayur Goyal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner was one of the accused in FIR No.67/2015 dated
14.12.2015 registered at Police Station Special Cell, Delhi under
Section 18, 18B, and 20 of the Unlawful Activities (Prevention)
Act, 1967 (“UAPA”). The allegations were that he was indulging in
Signature Not Verified
teaching anti-national ideals and was actively involved in aiding
Digitally signed by
ARJUN BISHT
Date: 2026.04.24
16:11:45 IST
Reason:
the recruitment of youth to Al-Qaeda in Indian Sub-continent. In
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the above-stated FIR, he was arrested on 15.12.2015. The trial was
concluded and the Additional Sessions Judge, Patiala House Courts,
New Delhi, vide judgment dated 10.02.2023, convicted the petitioner
under Sections 18 and 18B of the UAPA. He was sentenced to undergo
rigorous imprisonment for seven years & five months, respectively,
with a fine of Rs.25,000. The petitioner has undergone that
sentence.
2. Another FIR bearing No.244/2015 was registered on 17.12.2015
at Police Station Jagatpur, UPD, Cuttack, under Sections 17, 18,
18B, and 20 of the UAPA. The petitioner has been arrested in this
case also. Since the criminal trial arising therefrom remains
pending, he approached the Trial Court, initially, and then the
High Court, seeking his release on bail. The High Court, vide, the
impugned order dated 11.11.2025 has declined to grant bail, giving
rise to these proceedings.
3. The petitioner’s primary contention is that he has been in
custody for more than 10 years, and since he has already completed
his sentence in the case registered at New Delhi, he deserves to be
released on bail.
4. Shri K.M. Nataraj, learned Additional Solicitor General of
India, as well as learned Advocate General, appearing for the State
of Orissa, have opposed the prayer. It is urged that, having regard
to the nature of allegations and the material placed on the record,
it may not be expedient to release the petitioner on bail.
5. We have considered the rival submissions. At this stage,
keeping in view the peculiar facts and circumstances of this case
and instead of going into the merits of the petitioner’s prayer for
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bail, we deem it appropriate to dispose of this petition with the
following directions:
(i) The Sessions Court at Cuttack, before which S.T.
Case No.103/2017 is pending for trial, is directed to take up
the above-stated trial at least twice in a week;
(ii) The prosecution is directed to ensure that
sufficient witnesses remain present for examination on all the
dates;
(iii) The Hon’ble Chief Justice of the Orissa High Court
and the portfolio Judge of Cuttack Special Division are
requested to allow the learned Sessions Judge to entrust other
urgent matters pending in his Court to the Courts of other
Additional Sessions Judges, etc. or to adjourn those matters
which are not urgent in nature;
(iv) The learned Sessions Judge, i.e., the Presiding
Officer of the trial, will not list any other case on the date
when the trial in the present case is to be taken up. That day
shall be spent entirely on recording prosecution evidence, so
that all the remaining 25 prosecution witnesses can be
examined as early as possible;
(v) The Trial Court shall continue to function till the
trial is concluded. We are informed by the learned Advocate
General that summer vacations in the District and Sessions
Courts in the State of Orissa will commence on 01.05.2026.
Thus, if need be, the Presiding Officer will be entitled to
avail vacations later on;
(vi) The Public Prosecutor as well as the defence counsel
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are directed to remain present in Court throughout the day and
assist the Presiding Officer. In this regard, no adjournment
shall be sought or granted;
(vii) No witness shall apply and be exempted from
appearance, except in a case where such witness can be
examined online;
6. The Presiding Officer and the parties shall ensure that
prosecution evidence is closed within two months. The Presiding
Officer may, thereafter, give an opportunity to the petitioner to
lead defense evidence, if any, and conclude the final hearing
within one month.
7. However, if on account of some unforeseen circumstances, the
trial is not concluded, the petitioner is permitted to approach the
High Court directly.
8. The Special Leave Petition stands disposed of in the above
terms.
9. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI DILEEP KUMAR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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