Sanjib Suna vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 7735 Ori

Orissa High Court

Sanjib Suna vs ) State Of Odisha ..... Opposite Parties on 1 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLMC No.2054 of 2025
            Sanjib Suna                  .....          Petitioner
                                                          Represented By Adv. -
                                                          Mr. Biplab Kumar Dash

                                          -versus-
            1) State of Odisha                    .....         Opposite Parties
            2) The Victim                                 Represented By Adv. -

                                                          Mr. S.K. Parhi, ASC

                                                          Ms. Itishree Tripathy,
                                                          Advocate for the O.P.
                                                          No.2



                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                         ORDER

01.09.2025 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Opposite Party No.2 is represented by her counsel. Therefore, notice to Opposite Party No.2 is treated to be sufficient.

3. On the prayer of the learned counsel for the Opposite Party No.2, she is granted ten days' time to obtain instruction in the matter and file reply affidavit.

4. List this matter in the week commencing 15th September, 2025.

5. It is stated by the learned counsel for the Petitioner that although the Petitioner was earlier released on bail and cooperating with the trial, however, when he did not appear on the date of pronouncement of the judgment, a petition under Section 355 of BNSS was filed by the Petitioner, but the same has been rejected by the court below and an N.B.W. of arrest was issued against him vide order dated 25.03.2025 passed by the learned Adhoc Additional District Judge (FTSC), Sambalpur in Spl. G.R. No.19/12 of 2016-17 and the judgment was kept in a sealed cover. Learned counsel for the Petitioner further submits that now the Petitioner is ready and willing to cooperate for the early conclusion of trial and surrender before the trial court. As such, it was prayed that the Petitioner may be released on bail subject to any terms and conditions that may be imposed by this Court.

6. On a careful analysis of the development, this Court is of the view that learned trial court has not committed any illegality, however, considering the submission, the Petitioner is granted liberty to surrender before the court in seisin over the matter and move an application to recall the order issuing N.B.W. against him. In such eventuality, the court in seisin over the matter shall do well to recall the order issuing N.B.W. of arrest subject to Petitioner

depositing a cost of Rs.2,000/- (Rupees Two Thousand) with the Advocates' Welfare Fund of Local Bar Association and furnishing a receipt before the trial court and allow the Petitioner to participate in trial. Further, it is directed that the Petitioner shall appear before the trial court within three weeks hence along with a copy of this order and shall continue to participate in the proceeding without any further default unless his personal appearance is dispensed with.

7. The I.A. is, accordingly, disposed of.

( A.K. Mohapatra ) Judge Debasis