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Orissa High Court
Mohan @ Surendra vs State Of Odisha ....... Opposite Party ... on 6 March, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 721 of 2026
Mohan @ Surendra ......... Petitioner(s)
Karna Ms. Swagatika Panda,
Advocate
-Versus-
State of Odisha ....... Opposite Party (s)
Mrs. Sarita Moharana, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
06.03.2026
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
20.02.2025 passed by the learned Additional Sessions Judge,
Kantamal, Boudh in connection with S.T Case No.17 of 2018 arising
out of Manamunda P.S. Case No.38 of 2015, corresponding to C.T.
Case No.60 of 2015, issuing N.B.W(A) against him.
4. Learned counsel for the Petitioner submits that the petitioner was
earlier on bail vide order dated 02.04.2015 passed by the court below.
He was regularly attending the court on each date of posting of the
case. However, on 20.02.2025, 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
Additional Sessions Judge, Kantamal, Boudh, 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 20.02.2025 passed by the learned
Additional Sessions Judge, Kantamal, Boudh 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.1000/- (Rupees One
Thousand only) as cost for violating the court's order. The said
amount shall be deposited with the Nuapada 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
