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2026 DAILYLAW 2279 (ORI)

RAHIM KHAN v. STATE OF ODISHA

CRLMC/909/2026 · 2026-04-08

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 909 of 2026 Rahim Khan ..…... Petitioner(s) Mr. Suryakanta Dwibedi, Adv. -Versus- State of Odisha ……. Opposite Party (s) Mr. Debasish Nayak, AGA CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 08.04.2026 Order No. 01. 1. This matter is taken up through hybrid arrangement. 2. The present CRLMC has been filed by the Petitioner with the following prayer: “It is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to admit this CRLMC application, call for the records and after hearing of the parties allow this application and thereby waive out the conditions as imposed by the learned J.M.F.C., Ranpur vide order dated 02.02.2026 in Criminal Misc. Case No.06 of 2026 arising out of 2(c) CC Case No. 02 of 2026 corresponding P.R No. 165/2025-2026 so far as it relates furnishing Rs. 1,00,000/- as indemnity bond with one solvent surety of 1,00,000/- (One Lakh Only) for the greater interest of the justice. And pass any other order(s) direction(s) as this Hon'ble Court may deem fit and proper.” 3. Heard learned counsel for the parties. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Apr-2026 11:22:04 Signature Not Verified 2 4. Learned counsel for the Petitioner submits that the vehicle of the Petitioner bearing Registration No.OD-07-0215 was seized in connection with 2(c)CC Case No.02 of 2026, corresponding to P.R. No.165/2025-2026 for commission of the alleged offences under Sections 4(i) MMDR Act, 1957 and Rule 51 (1)(ii) of OMMC Rule, 2016. 5. Learned counsel for the Petitioner further submits that the Petitioner had filed an application under Section 503 of the BNSS vides Misc. Case No.06 of 2026 before the learned J.M.F.C., Ranpur for releasing the vehicle in his favour. He further submits that while allowing the petition, the learned J.M.F.C., Ranpur imposed the condition to the effect that the Petitioner shall furnish Rs.1,00,000/- as indemnity bond with one solvent surety of Rs.1,00,000/- . 6. Learned counsel for the Petitioner further contends that the Petitioner is ready and willing to fulfill all the conditions imposed by the learned J.M.F.C., Ranpur except the condition to furnish Rs.1,00,000/- as indemnity bond with one solvent surety of Rs.1,00,000/-. The Petitioner is not able to furnish solvent surety of Rs.1,00,000/- . Hence, the same may be waived. 7. In such view of the matter and considering the submission made by the learned counsel for the Petitioner, this Court is of the view that the condition imposed i.e. one solvent surety of Rs.1,00,000/- vide order dated 02.02.2026 passed by the learned J.M.F.C., Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Apr-2026 11:22:04 3 Ranpur in Crl. Misc. Case No.06 of 2026 is waived. Other conditions imposed in the said order shall remain unaltered. 8. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.