Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.1612 of 2026
Priyabrata Swain & Ors. …. Petitioner(s) Mr. Biraja Prasad Nanda, Adv.
-versus- State of Odisha …. Opposite Party(s)
Mr. Sonak Mishra, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
ORDER 18.05.2026
01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioners have filed the present CRLMC assailing the impugned order dated 08.05.2026 passed by the learned Additional Sessions Judge-cum-Spl. Judge, Nimapara in Spl. G.R. Case No.48/2025, wherein a conditional direction has been issued to the Petitioners that if the Petitioners do not surrender before the Court of learned Additional Sessions Judge-cum-Spl. Judge, Nimapara on 18.05.2026 (Today), necessary order of N.B.Ws will be issued against them. 3. Heard. 4. Learned counsel for the Petitioners submits that the Petitioners and the other co-accused persons have been on anticipatory bail vide orders dated 11.07.2025 passed in ABLAPL Nos.7429 & 7444 of 2025. He further contends Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-May-2026 15:43:22 Signature Not Verified p. 2 that while passing of the order dated 11.07.2025 passed in the above noted ABLAPLs the following conditions were imposed:-
“(i) the petitioners shall appear before the I.O once in a week on the date and time fixed by the said I.O until further order by the learned court in seisin, (ii) the Petitioners shall not threaten, induce or coerce any witnesses of this case or the victim and, (iii) the Petitioners shall not involve themselves in similar or any other offence during currency of this order.”
5. At this juncture, learned counsel for the Petitioners submits that pursuant to the direction issued in the above noted ABLAPLs, though the Petitioners obeyed all the conditions, due to their ignorance being rustic villagers they appeared before the I.I.C, Astaranga Police Station, who is not the I.O. He further contends that since the dispute involved herein arises out of the SC & ST (PA) Act, the Petitioners should have appeared before the Dy.S.P/S.D.P.O, Nimapara. He, in the process, contends that because of ignorance of the Petitioners, the Petitioners appeared before the I.I.C, Astaranga Police Station. He further contends that the Petitioners undertake to appear before the I.O i.e. the Dy.S.P/S.D.P.O, Nimapara as per the conditions imposed in the above noted ABLAPLs without fail.
He also states that the Petitioners undertake to Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-May-2026 15:43:22 Signature Not Verified p. 3 cooperate till the end of the trial and appear before the learned court in seisin over the matter on each date of posting of the case without fail. 5. Considering the fact that the Petitioners being rustic villagers, could not understand the order passed in the above noted ABLAPLs properly and because of their ignorance they appeared before the I.I.C, Astarang Police Station, this Court while setting aside the impugned order dated 08.05.2026 passed in the above noted Spl.G.R Case qua the present Petitioners only, directs the Petitioners to surrender before the learned court in seisin over the matter in the aforesaid case and move for bail within a period of ten working days hence. In such event, the said court shall release them on bail with some stringent conditions. The Petitioners are also directed to appear before the I.O. i.e. the Dy.S.P/S.D.P.O, Nimapara as per the conditions imposed in the above noted ABLAPLs and also comply with the conditions to be imposed by the learned Court in seisin over the matter strictly. 7. Accordingly, this CRLMC is disposed of. 8. Looking to the urgency involved herein, this Court directs that the downloaded copy of this order from the
Designation: Personal Assistant p. 4 website of this Court shall be treated as an authenticated copy. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant