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2026 DAILYLAW 2098 (ORI)

JUBARAJ MAHALA v. STATE OF ODISHA

CRLMC/1046/2026 · 2026-04-07

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1046 of 2026 Jubaraj Mahala …... Petitioner(s) Ms. Pujarani Muduli, Advocate -Versus- State of Odisha & Anr. ……. Opposite Party (s) Mr. Raj Bhusan Dash, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 07.04.2026 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 assailing the order dated 30.08.2024 passed by the learned SDJM, Bhadrak in connection with 1.C.C. Case No.370 of 2019 issuing N.B.W(A) against him. 4. Learned counsel for the Petitioner submits that the petitioner has already deposited a sum of Rs.6,00,000/- by DD Nos. 792810 dated 19.12.2023 and DO No.792811 dated 20.12.2023 amounting of Rs.1,00,000/-. The petitioner had not deposited the 20% of total compensation amount awarded by the trial Court in view of the provisions of Section-148 of N.I Act,1881, as amended in the year- Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Apr-2026 11:39:29 Signature Not Verified 2 2018. In the meantime the matter has already been settled out of court. As per the settlement amount, the petitioner has already cleared the settled amount to the Opp Party No.2. Hence, the learned SDJM, Bhadrak issued N.B.W (A) 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 (A) 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 30.08.2024 passed by the learned SDJM, Bhadrak in the aforesaid case, so far it relates to issuance of N.B.W(A) 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.1000/- (Rupees One Thousand only) as cost for violating the court’s order. The said amount shall be deposited with the Bhadrak Bar Association Welfare Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Apr-2026 11:39:29 3 Fund for the purpose of utilizing the said amount for purchasing books for the 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 Gitanjali