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2026 DAILYLAW 8726 (ORI)

MOSEK DALABEHERA v. STATE OF ODISHA

CRLMC/486/2026 · 2026-02-13

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 486 of 2026 Mosek Dalabehera & Anr. ..…... Petitioner(s) Mr. Rakesh Kumar Das, Adv. -Versus- State of Odisha ……. Respondent(s) Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 13.02.2026 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 Petitioners have filed this CRLMC challenging the order dated 09.12.2025 passed by the learned Additional Sessions Judge, Gunupur in C.T. Case No.73 of 2022, issuing N.B.W. against them. 4. Learned counsel for the Petitioners submits that the Petitioners are on bail by the trial court. They were regularly attending the court on each date of posting of the case. However, on 9.12.2025, the Petitioners could not remain present in court as their conducting counsel did not take any step for their attendance due Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-Feb-2026 17:36:29 Signature Not Verified 2 to communication gap. Hence, the learned Additional Sessions Judge, Gunupur issued N.B.W. 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. 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 9.12.2025 passed by the learned Additional Sessions Judge, Gunupur in the aforesaid case, so far it relates to issuance of N.B.W. 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 release them on bail with some stringent conditions so as to enable them to appear before the court on each date of posting of the case. In addition, each of the Petitioners 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 Gunupur Bar Association Welfare Fund for the purpose of utilizing the said amount for purchasing books for the Bar library. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-Feb-2026 17:36:29 3 The copy of the receipt of the said deposit shall be presented before the court in seisin over the matter. 7. Accordingly, the CRLMC is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.