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1958 DAILYLAW 160 (ORI)

DHIRENDRA KUMAR DIGAL v. ADDL. CHIEF SECRETARY TO GOVERNMENT, HOME DEPT., BHUBANESWAR

CRLMC/1958/2026 · 2026-07-01

S K Panigrahi

body1958

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1958 of 2026 Dhirendra Kumar Digal ..…... Petitioner (s) Mr. Nirvaya Kumar Samantaray, Adv. -Versus- Addl. Chief Secretary to Government Home Department, Government 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 13.04.2026 passed by the learned J.M.F.C., Harabhanga, in C.T. Case No.232 of 2023, issuing N.B.W. against him. 4. Learned counsel for the Petitioner submits that the Petitioner was earlier on bail by the court below on 24.12.2024. He was regularly attending the court on each date of posting of the case. However, Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 01-Jul-2026 18:26:44 Signature Not Verified p. 2 on 13.04.2026, 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. 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 13.04.2026 passed by the learned J.M.F.C., Harabhanga in the aforesaid case, so far it relates to issuance of N.B.W. against the Petitioner, is hereby quashed. 6. 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 release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. In addition, the Petitioner shall deposit a sum of Rs.500/- as cost for violating the court’s order. The said amount shall be deposited with the Harabhanga Bar Association Welfare Fund for the purpose of utilizing the said amount for purchasing books for Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 01-Jul-2026 18:26:44 Signature Not Verified p. 3 the Bar library. The copy of the receipt of the said deposit shall be presented before the court in seisin over the matter. 7. Accordingly, the CRLMC is disposed of. 8. It is made clear that, downloaded copy of this order from the website of this Court be treated as an authenticated copy. 9. ( Dr. Sanjeeb K Panigrahi) Judge Murmu