Rahim Khan vs State Of Odisha ....... Opposite Party ...
2026 Latest Caselaw 3264 Ori

Orissa High Court

Rahim Khan vs State Of Odisha ....... Opposite Party ... on 8 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                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.

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.,

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