Allowed

Arabinda Sahoo v. State of Odisha

Orissa HC15 Nov 2021CRLMC/846/2020

Case brief

AI extract

What is this about?

The High Court quashed the order issuing N.B.W. against petitioners accused persons who failed to appear due to a communication gap. The prayer was allowed subject to payment of Rs. 1000 court fees and surrender within two weeks for release on previous bail.

What did the court decide?

Quashed the impugned order relating to issuance of N.B.W. Directed petitioners to pay Rs. 1000 and surrender within two weeks for release on previous bail.

Arabinda Sahoo Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.846 of 2020

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Arabinda Sahoo and others …. Petitioners Mr. R. Pradhan, Advocate

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-versus-

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….
State of Odisha Opposite Party
Mr.P.K.Maharaj,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
15.11.2021.
Order No.
1. This matter is taken up through hybrid mode.
2. Heard Mr. R. Pradhan, learned counsel for the Petitioners,
and Mr. P.K.Maharaj, learned Addl. Standing Counsel for the
State.

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This is an application under Section 482 of the Cr.P.C. The Petitioners are accused persons in G.R. Case No.498/1997 in the court of J.M.F.C., Jajpur. They were released on bail.

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Perusal of the impugned order reveals that the Petitionersaccused persons did not appear on the date fixed for which by order dated 30^th August, 2013 learned court below directed

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issuance of N.B.W. against them, which is impugned in the present application.

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Learned counsel for the Petitioners submits that the Petitioners could not appear on the date fixed because of communication gap between them and lawyer and that they are willing to appear before the trial court without fail in future.

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Having regard to the submissions as above, the prayer is allowed subject to payment of cost of cost of Rs.1000/(Rupees One Thousand) only to the Orissa High Court Bar Association’s Welfare Fund within three working days. The impugned order in so far as it relates to issuance of NBW against the Petitioners is hereby quashed. The Petitioners, namely, Arabinda Sahoo, Baidhar Hesa, Birendra Mahanta @ Birabara Mahanta, Dharmananda Munda @ Dharam Hesa and Priyanath Mahanta, are directed to surrender before the trial court within a period of two weeks and in such event, they shall be allowed to go on previous bail by furnishing fresh bail bonds and sureties for such amount as may be decided by the trial court.

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The CRLMC is disposed of.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) AKB Judge

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AKB

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Arabinda Sahoo v. State of Odisha

Case brief

What is this about?

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Arabinda Sahoo v. State of Odisha

Case brief

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