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2026 DAILYLAW 5767 (ORI)

BULU NAYAK v. STATE OF ODISHA

CRLMC/626/2026 · 2026-02-27

S K Panigrahi

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.626 of 2026 Bulu Nayak &. Petitioner(s) Mr. Bipin Kumar Nayak, Adv. -versus- State of Orissa &. Opposite Party(s) Smt. Sarita Moharana, ASC CORAM: HON9BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 27.02.2026 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this CRLMC assailing the order of NBW dated 22.07.2009 issued by the learned S.D.J.M, Berhampur in G.R. Case No.925 of 2006, against him. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner has been on bail since long. He was regularly attending the court on each date of posting of the case. However, on the effective date i.e. on 22.07.2009, the Petitioner could not remain present in court due to noncommunication by the conducting Counsel. Hence, the learned Court in seisin over the matter issued the order of N.B.W. against him. He further submits that the Petitioner undertakes to cooperate till the end of the trial and appear before the learned court below on each date of posting of the case without fail. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Feb-2026 18:41:29 Signature Not Verified p. 2 5. At this juncture, learned counsel for the State, on instruction, submits that the Petitioner is a regular absconder and he does not appear in the Court regularly. She further contends that due to such activities of the Petitioner the trial in the above noted case is running in a senile pace which is not conducive to the criminal justice system. She, accordingly, prays for dismissal of this CRLMC. 6. Considering the submissions made on behalf of both the parties and since the Petitioner is a regular absconder and does not appear before the learned Court in seisin over the matter on the effective date, this Court is not inclined to entertain the prayer made in this CRLMC. However, considering the request of learned counsel for the Petitioner, this Court permits the Petitioner to surrender before the learned Court in seisin over the matter and move for bail which shall be considered and disposed of in accordance with law. 7. This CRLMC is, accordingly, dismissed. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant