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1971 DAILYLAW 244 (ORI)

CHHUTU@CHOTU@KISHORE MOHANTY v. STATE OF ODISHA

CRLMC/1971/2026 · 2026-07-14

S K Panigrahi

body1971

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1971 of 2026 Chhutu @ Chotu @ Kishore Mohanty ..…... Petitioner (s) Mr. Debasnan Das, Adv. -Versus- State of Odisha ……. Opposite Party (s) Mr. Raj Bhusan Dash, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 14.07.2026 Order No. 02. 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 19.12.2025 passed by the learned Addl. District and Sessions Judge, Champua in S.T. Case No.127 of 2013, issuing N.B.W. against him. 4. Learned counsel for the Petitioner submits that the Petitioner was earlier on bail by this Court vide order dated 20.05.2016 in BLAPL No.5948 of 2015. He was regularly attending the court on each date of posting of the case. However, on 19.12.2025, the Petitioner Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 14-Jul-2026 18:36:59 Signature Not Verified 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 19.12.2025 passed by the learned Addl. District and Sessions Judge, Champua 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 fifteen 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 Champua 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: 14-Jul-2026 18:36:59 Signature Not Verified 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. 1. ( Dr. Sanjeeb K Panigrahi) Judge Murmu