Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 729 of 2026 Sanjay Kumar Giri ...…... Petitioner(s)
Mr. Aparesh Bhoi,
Advocate
-Versus- State of Odisha & Anr. ……. Opposite Party (s) Mrs. Sarita Moharana, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
06.03.2026
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. The petitioner has filed this CRLMC with a prayer to set aside the
order dated 24.01.2026 passed in G.R. Case No.2600 of 2024 pending before the learned SDJM(P), Rourkela.
3. Learned counsel for the Petitioner submits that this Court vide
order dated 25.11.2024 passed in ABLAPL No.12900 of 2024 directed release of the petitioner subject to the condition of payment of maintenance at the rate of Rs.5,000/- per month to the informant, until modified or varied by a competent court. He further submits that the wife-informant taking the undue advantage of the maintenance order of this Court managed to prolong the proceedings Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 07-Mar-2026 14:02:09 Signature Not Verified
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without allowing effective hearing and disposal of the matrimonial cases pending before the respective courts for adjudication upon the subject of divorce and maintenance. The trial court passed the irrational order dated 24.01.2026, cancelling the bail and issuing NBWA against the petitioner in contemptuous and unfair manner without waiting for the disposal of the I.A. No-2311 of 2025 in ABLAPL No.12900 of 2024.
4. Learned counsel for the State strongly objects the release of the Petitioner on bail.
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 24.01.2026 passed by the learned SDJM(P), Rourkela in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed.
6. However, 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 terms and conditions so as to enable him to appear before the court on each date of posting of the case.
7. Further the learned SDJM(P), Rourkela is directed to restore the Petitioner to avail the privilege of earlier bail and allowing him to Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 07-Mar-2026 14:02:09 Signature Not Verified
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continue on the earlier bail in terms of the order dated 10.02.2026 passed by this Court in ABLAPL No.12900 of 2024.
8. Accordingly, the CRLMC is disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge Gitanjali