Disposed

Bidyadhar Harijan v. State of Odisha

Orissa HC6 Feb 2024CRLMC/107/2024

Case brief

AI extract

What is this about?

Petitioners facing prosecution for offences including under IPC sought modification of an earlier order after non-appearance led to a non-bailable warrant. Relying on coordinate-Bench orders allowing co-accused in similar situations, this Court set aside the SDJM's warrant order, directing surrender within a fixed period and bail subject to attendance on all dates.

What did the court decide?

Order dated 05.08.2023 issuing NBW set aside; petitioners to surrender by 27.03.2024 and be granted bail on condition of attending every court date without exemption.

Bidyadhar Harijan Vs State of Odisha — Quashing and FIR | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 107 OF 2024

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Bidyadhar Harijan and another

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…. Petitioner(s)

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Mr. M. K. Mohapatra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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Mr. B. K. Ragada, AGA

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CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
07.03.2024
I.A. No.406 of 2024
Order No.
01. 1. Heard.
2. By way of the present application, the Petitioners are
seeking modification of the order dated 06.02.2024. The Petitioners
submit that the co-accused persons confronted with the similar
situation have filed separate CRLMC No.3868 of 2023 and
CRLMC No.3658 of 2023 challenging the NBW issued against
them. The coordinate Bench of this Court vide order dated
30.08.2023 and 31.08.2023 respectively allowed their petitions and
passed the following orders:-

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CRLMC No.3868 of 2023

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<6. In such view of the matter, the CRLMC is allowed. The impugned order in so far as it relates to the present Petitioners is hereby

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Page 1 of 3

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quashed. The Petitioners are directed to appear before the Court below on the date fixed on which date they shall be allowed to be released on their personal bond. CRLMC No.3658 of 2023

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Having regard to the submissions made and the materials on record, I am inclined to allow the prayer. The impugned order in so far as it relates to issuance of NBW against the Petitioner is hereby quashed. The petitioner is directed to surrender before the Trial Court within a period of two weeks and move for bail and in such event he shall be allowed to go on previous bail, subject to condition that the petitioner shall appear before the Court below on each date of posting of the case without seeking exemption.=

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Relying upon the aforementioned two orders of the coordinate Bench of this Court, learned counsel for the Petitioners submits that similar order may be passed by modifying the earlier order passed by this Court on 06.02.2024.

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Accordingly, the order dated 06.02.2024 is modified and the following order is substituted:-

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Heard.

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The Petitioners are facing prosecution in C.T. Case No.104 of 2021 arising out of Bhawanipatna Sadar P.S. Case No.33 of 2021 under Sections 143, 283, 186, 506 and 149 of I.P.C. read with Section 7 of the Criminal Law Amendment Act and Section 4 of the Prevention of Damage to Public Property Act pending in the Court of the learned S.D.J.M., Bhawanipatna.

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Page 2 of 3

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Notice under Section 41-A Cr.P.C. was issued against them. However, after filing of the charge-sheet, they did not appear before the Court below on 05.08.2023 leading to issuance of NBW against them.

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Learned counsel for the Petitioners undertakes that his clients would be appearing before the Court below on or before 27^th March, 2024 and seeks appropriate remedy available to them under law.

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Taking into consideration the above facts and submission at the Bar, the order dated 05.08.2023 passed by the learned S.D.J.M., Bhawanipatna in C.T. Case No.104 of 2021 arising out of Bhawanipatna Sadar P.S. Case No.33 of 2021 is set aside. The Petitioners are directed to surrender before the trial Court within the aforementioned period and moved appropriate application for bail. In the event, such application is moved, the same shall be allowed subject to the condition that the Petitioners shall appear before the Court below on each date of hearing without seeking exemption.

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5. The I.A. is disposed of.

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(S.S. Mishra)

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Mar-2024 17:50:17

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Page 3 of 3

Bidyadhar Harijan v. State of Odisha

Case brief

What is this about?

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Bidyadhar Harijan v. State of Odisha

Case brief

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