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2026 DAILYLAW 15500 (ORI)

SHIVADUTTA NAIK @ SIBADATTA NAIK @ SHIVA DUTTA NAIK v. STATE OF ODISHA

CRLMC/1406/2026 · 2026-05-05

S K Panigrahi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1406 of 2026 Shivadutta Naik @ Sibadatta Naik @ Shiva Dutta Naik ..…... Petitioner(s) Mr. Sidhartha Das, Adv. -Versus- State of Odisha ……. Opposite Party (s) Mr. Raj Bhushan Dash, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.05.2026 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 24.01.2026 passed by the learned J.M.F.C.(UTP), Cuttack in G.R. Case No.255 of 2020, issuing N.B.W. against him. 4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail vide order dated 08.03.2022 by the court below. He was regularly attending the court on each date of posting of the case. However, on 24.01.2026, the petitioner could not remain present in court as his conducting counsel did not take any step Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 14-May-2026 10:31:10 Signature Not Verified 2 for his attendance due to communication gap. Hence, the learned J.M.F.C.(UTP), Cuttack, 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. Learned counsel for the State strongly object the release of the Petitioner on bail. 6. 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 J.M.F.C.(UTP), Cuttack in the aforesaid case, so far it relates to issuance of N.B.W against the petitioner, is hereby quashed. 7. 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 Cuttack, Bar Association Welfare Fund for the purpose of utilizing the said amount for purchasing books for the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 14-May-2026 10:31:10 3 Bar library. The copy of the receipt of the said deposit shall be presented before the court in seisin over the matter. 8. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.