Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4603 of 2024
Litua @ Niranjan Jena
…. Petitioner Mr. Subir Palit, Senior Advocate
-versus-
State of Odisha & another
…. Opp. Parties Mr.S.J.Mohanty, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 10.01.2025
03.
1. The petitioner is seeking quashing of the order of cognizance dated 15.12.2017 passed in connection with Balipatna P.S. Case No.10 of 2013 corresponding to G.R. Case No.43 of 2013, pending in the Court of the learned J.M.F.C.(O), Bhubaneswar, whereby the cognizance of the offences punishable under Sections 147/148/341/ 294/307/302/407/149/120(B) of the IPC has been taken against him.
2. The co-accused Pradeep Jena and Butua Jena @ Gyanaranjan Jena had approached this Court seeking quashment of NBW issued by the trial court
against them. This Court has granted the following relief to them:
“8. Taking into consideration the facts of this case and relied upon the order of this Court, I am inclined to allow this petition by giving liberty to the petitioner to appear/surrender before the learned Courts below on or before 15.01.2025 and resort to the remedy available to him under law. Till then, the execution of the N.B.W. dated 18.05.2013 passed by the learned J.M.F.C.(O), Bhubaneswar in G.R. Case No.43 of 2013 shall be kept in abeyance.”
3.
Learned counsel for the petitioner submits that the petitioner is seeking the similar relief in the present case being similarly situated like that of the co-accused Pradeep Jena and Butua Jena @ Gyanaranjan Jena, in whose favour the order dated 19.09.2024 has been passed by the Coordinate Bench in CRLMC No.3307 of 2024 and the order dated 23.12.2204 passed by this Court in CRLMC No.4728 of 2024. In view thereof, the present petition deserves merit.
4. Taking into consideration the facts of this case and by relying upon the order of this Court, I am inclined to allow this petition by giving liberty to the petitioner to appear/surrender before the learned Court below on or before 05.02.2025 and resort to the remedy available to him under law. Any application for bail if moved shall be considered on the same day. Till then, the execution of the N.B.W. dated 18.05.2013 passed by the learned J.M.F.C.(O), Bhubaneswar in G.R. Case No.43 of 2013 shall be kept in abeyance.
5. It is also made clear that in the event the learned trial Court enlarge the petitioner on bail, over and above the conditions imposed by it, the petitioner shall also be bound down by the learned trial Court to appear before it to face the trial on each and every day without fail. In the event the petitioner is found wanting for non-compliance of any conditions imposed by the learned trial Court, the concession of bail to be granted to the petitioner shall be withdrawn at the instance of the prosecution’s on application.
6. With the aforementioned observation, the CRLMC is disposed of.
(S.S. Mishra) Judge Subhasis
Designation: Personal Assistant Location: High Court of Orissa, Cuttack.