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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1509 of 2026 Sabar @ Sahadev Mallick, & Ors. ...…... Petitioner(s) Mr. Sukanta Kumar Nayak,
Advocate
-Versus- State of Odisha ……. Opposite Party (s) Mr. Tej Kumar, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
11.05.2026
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners have filed this CRLMC assailing the order dated 12.05.2022 passed by the learned ASJ-cum-Spl. Track court, Bhadrak in connection with S.T. No.61/149 of 2019, issuing N.B.W(A) against them.
4.
Learned counsel for the Petitioners submits that the petitioners were earlier on bail vide order dated 18.03.2016, 19.04.2016 and 23.04.2016 passed by the court below. They were regularly attending the court on each date of posting of the case. However, on 12.05.2022, the petitioners could not remain present Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:14:58 Signature Not Verified
2
in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned ASJ- cum-Spl. Track court, Bhadrak issued N.B.W (A) against them. He further submits that the Petitioners undertake that they 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 (A) shall be issued against them.
5. In view of such facts and submissions made by the learned counsel for the Petitioners, this Court is inclined to allow the CRLMC. Accordingly, the order dated 12.05.2022 passed by the learned ASJ-cum-Spl. Track court, Bhadrak in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioners, is hereby quashed.
6. The Petitioners are 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 consider the move of the petitioners to release them on bail on its own merit.
7. Accordingly, the CRLMC is disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge Gitanjali