Tulasiram Harijan vs State Of Odisha ....... Opposite Party ...
2026 Latest Caselaw 3143 Ori

Orissa High Court

Tulasiram Harijan vs State Of Odisha ....... Opposite Party ... on 6 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No.994 of 2026
                 Tulasiram Harijan       ......                    Petitioner(s)
                                                    Mr. Rajib Lochan Pattnaik,
                                                                    Advocate
                                       -Versus-
                 State of Odisha         .......               Opposite Party (s)
                                                    Mr. Raj Bhusan Dash, ASC

                             CORAM:
                             DR. JUSTICE SANJEEB K PANIGRAHI
                                       ORDER

06.04.2026 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

16.09.2025 passed by the learned Additional Sessions Judge-cum-

Special Judge, Nabarangpur in connection with Kosagumuda P.S.

Case No.92 of 2021 issuing N.B.W(A) against him.

4. Learned counsel for the Petitioner submits that the petitioner was

earlier on bail vide order dated 13.09.2022 by the court below. He

was regularly attending the court on each date of posting of the case.

However, on 16.09.2025, the petitioner could not remain present in

court Signature Not as his conducting counsel did not take any step for his Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Apr-2026 17:49:03

attendance due to communication gap. Hence, the learned

Additional Sessions Judge-cum-Special Judge, Nabarangpur 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 16.09.2025 passed by the learned

Additional Sessions Judge-cum-Special Judge, Nabarangpur 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.500/- (Rupees Five

Hundred only) as cost for violating the court's order. The said

amount shall be deposited with the Nabarangpur Bar Association

Welfare 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