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1908 DAILYLAW 4 (ORI)

P. SHIBA @ P. SIVA v. STATE OF ODISHA

CRLMC/1908/2026 · 2026-07-01

S K Panigrahi

body1908

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1908 of 2026 P. Shiba @ P. Siva ..…... Petitioner (s) Mr. Santosh Kumar Mahanty, Adv. -Versus- State of Odisha ……. Opposite Party (s) Mr. Raj Bhusan Dash, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 01.07.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner has filed this CRLMC challenging the order dated 05.04.2016 passed by the learned Additional Sessions Judge, Kuchinda, Sambalpur in S.T. Case No.50 of 2012, issuing N.B.W. against him. 4. Learned counsel for the Petitioner submits that the petitioner was released on bail on 15.05.2009 by the court below. He was regularly attending the court on each date of posting of the case. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 01-Jul-2026 18:26:43 Signature Not Verified However, on 05.04.2016, the petitioner could not remain present in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned court in seisin over the matter, issued N.B.W against him. He further submits that the Petitioner undertakes that he will cooperate till the end of the trial and appear before the court on each date of posting without fail, failing which, fresh N.B.W shall be issued against him. 5. Learned counsel for the State strongly object the release of the Petitioner on bail. 6. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 05.04.2016 passed by the learned Additional Sessions Judge, Kuchinda, Sambalpur in the aforesaid case, so far it relates to issuance of N.B.W against the petitioner, is hereby quashed. 7. The Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of ten days hence. On such event, the said court shall consider the move of the petitioner to release him on bail on its own merit. 8. Accordingly, the CRLMC is disposed of. Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 01-Jul-2026 18:26:43 Signature Not Verified 9. It is made clear that, downloaded copy of this order from the website of this Court be treated as an authenticated copy. 10. ( Dr. Sanjeeb K Panigrahi) Judge Murmu