Kanhu Charan Kanhar vs State Of Odisha ....... Opposite ...
2026 Latest Caselaw 2491 Ori

Orissa High Court

Kanhu Charan Kanhar vs State Of Odisha ....... Opposite ... on 16 March, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                               CRLMC No. 787 of 2026
                             Kanhu Charan Kanhar                ........  Petitioner(s)
                                                             Mr. Amulya Ratna Panda, Adv.

                                                        -Versus-


                             State of Odisha                            ....... Opposite Party(s)
                                                                        Ms. Sarita Moharana, ASC


                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

16.03.2026 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 challenging the order dated

10.05.2019 passed by the learned Additional District and Sessions

Judge-cum- Special Judge, Phulbani in 2(a) CC Case No.1 of 2018,

issuing N.B.W. against him.

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

on interim bail by this Court. He was regularly attending the

court on each date of posting of the case. However, the Petitioner

could not surrender in court after the expiry of the interim bail

period. Hence, on 10.05.2019, the learned court in seisin over the

matter 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 10.05.2019 passed by the

learned Additional District and Sessions Judge-cum- Special

Judge, Phulbani in 2(a) CC Case No.1 of 2018 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.500/- (Rupees

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

amount shall be deposited with the Bar Association Welfare

Fund, Phulbani 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