Disposed

Alok Ranjan Choudhury v. State of Odisha

Orissa HC21 Aug 2024CRLMC/2813/2024

Case brief

AI extract

What is this about?

The High Court set aside the order issuing a Non-Bailable Warrant of arrest against the petitioner, attributing his non-appearance to his counsel's laches. The court directed the petitioner to pay a cost to the Advocates' Welfare Fund and appear before the trial court within fifteen days to continue proceedings.

What did the court decide?

Non-Bailable Warrant set aside subject to payment of Rs. 1,500 to Advocates' Welfare Fund and appearance within 15 days.

Alok Ranjan Choudhury Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.2813 of 2024

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Alok Ranjan Choudhury

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..... Petitioner

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Represented By Adv. – Mr. Satya Ranjan Mulia

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. –

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Mr. P.C. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

21.08.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Party.

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The Petitioner is aggrieved by the order dated 05.11.2022 on which date the NBW of arrest has been issued against him by the learned 2^nd Additional Sessions Judge, Bhubaneswar in T.R. No.29/22 of 2015/2010.

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Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 12.10.2010 by the trial court. He further submits that since the date of his release on bail, the Petitioner was appearing before the Court in seisin over the matter. However, on the date fixed for appearance before the Court in seisin over the matter, due to communication gap with his lawyer, the Petitioner was unable to appear since no step was taken to represent the

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Page 1 of 1.

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Petitioner by the counsel appearing for him. Therefore, a nonbailable warrant of arrest was issued against the Petitioner. It was further contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by order dated 05.11.2022, the Petitioner has approached this Court with a prayer to quash the same.

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On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 05.11.2022 passed by the 2^nd Additional Sessions Judge, Bhubaneswar in T.R. No.29/22 of 2015/2010, subject to payment of cost of Rs.1,500/- (Rupees one thousand five hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the Court in seisin over the matter within fifteen days from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner.

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6. The CRLMC is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Debasis Location: ORISSA HIGH COURT Date: 23-Aug-2024 10:44:34

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Page 2 of 2.

Alok Ranjan Choudhury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Alok Ranjan Choudhury v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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