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2025 DAILYLAW 2445 (ORI)

GYANA@GYANENDRA PARIDA v. STATE OF ODISHA

CRLMC/5653/2025 · 2026-01-06

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5653 of 2025 Gyana@gyanendra Parida ..... Petitioner Represented by Adv. - Deepak Panda -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. S.K. Brahma, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. It is stated by the learned counsel for the Petitioner that the Petitioner was earlier extended with the benefit under Section 41-A of the Cr.P.C. thereafter he was released on bail by the learned trial Court. It was further submitted that during trial he was appearing before the learned trial Court. However, due to communication gap with his lawyer, no steps were taken for his appearance on 05.08.2025. Accordingly, learned trial Court has issued non- bailable warrant of arrest against the present Petitioner. Being aggrieved by such issuance of NBW, the Petitioner has approached this Court for quashing of the NBW issued vide order dated Page 2 of 2. 05.08.2025. 4. Learned counsel for the State on the other hand objected to the prayer made in the present application on the ground that the Petitioner has defaulted in appearing before the learned trial Court which is causing unnecessary delay in conclusion of the trial. 5. Having heard learned counsels appearing for both sides, on a careful examination of the facts and circumstances, this Court is inclined to provide another opportunity to the Petitioner. Hence, order dated 05.08.2025 is set aside, subject to payment of a cost of Rs.500/- (Rupees Five Hundred) by the Petitioner to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioner shall surrender before the court below within two weeks from today along with a copy of today’s order. It is further made clear that in the event the Petitioner makes any further default in appearing before the learned trial court, it is open to the Court in seisin over the matter to take any necessary coercive steps against the Petitioner as per law. 6. In such view of the matter, the CRLMC is allowed. ( A.K. Mohapatra) Judge Sisir Designation: Personal Assistant