Debendranath @ Devendranath vs State Of Odisha & Anr
2026 Latest Caselaw 1216 Ori

Orissa High Court

Debendranath @ Devendranath vs State Of Odisha & Anr on 10 February, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                CRLMC No. 357 of 2026
                             Debendranath @ Devendranath
                             Nayak                                 ........  Petitioner(s)
                                                            Mr. Rudra Narayan, Parija, Adv.
                                                        -Versus-
                             State of Odisha & Anr.                     ....... Respondent(s)
                                                                        Ms. Sarita Moharana, ASC

                                      CORAM:
                                      DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

10.02.2026 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 Petitioner has filed this CRLMC challenging the order dated

29.02.2024 passed by the learned ASJ-cum-Women's Court,

Phulbani in C.T. Case No.438 of 2020, issuing N.B.W. against

him.

4. Learned counsel for the Petitioner submits that the Petitioner is

on bail by the court below. He was regularly attending the court

on each date of posting of the case. However, on 29.02.2024, the

Petitioner could not remain present in court as his conducting

counsel did not take any step for his attendance due to

communication gap. Hence, the learned ASJ-cum-Women's

Court, Phulbani issued N.B.W. 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. shall be issued against

him.

5. 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 29.02.2024 passed by the

learned ASJ-cum-Women's Court, Phulbani in the aforesaid case,

so far it relates to issuance of N.B.W. against the Petitioner, is

hereby quashed.

6. 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.1000/-

(Rupees one thousand only) as cost for violating the court's order.

The said amount shall be deposited with the Phulbani 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.

7. Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu