Allowed

Deepak Kumar Pradhan @ Dipak Pradhan v. State of Odisha

Orissa HC28 Aug 2024CRLMC/3114/2024

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a criminal miscellaneous petition to set aside a non-bailable warrant issued due to the petitioner's counsel's failure to appear. The court directed the petitioners to pay costs and appear within two weeks.

What did the court decide?

Impugned order dated 20.05.2024 setting aside; petitioners directed to pay Rs.500 and appear within two weeks under warning of coercive steps.

Deepak Kumar Pradhan @ Dipak Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3114 of 2024

¶2

1) Deepak Kumar Pradhan @

.....

Petitioners

Dipak Pradhan

1. Dillu Patra @ Deepak Patra

¶7

1. Prasanna Kumar Behera @ Silu

¶8

Represented By Adv. - Amitav Tripathy

¶9

1. Manoranjan Biswal @ Adei

¶10

1. Praful Kumar Pradhan @ Prafulla Pradhan

¶11

-versus-

¶12

State Of Odisha

¶13

.....

¶14

Opp.Party

¶15

Represented By Adv. – D.Nayak, AGA

¶16

CORAM:

¶17

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

28.08.2024

Order No.

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

¶22

Heard learned counsel appearing for the Petitioners and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

¶23

The Petitioners are aggrieved by the order dated 20.05.2024 on which date the non-bailable warrant of arrest has been issued against them by the learned Additional Sessions Judge-cum-Special Judge, Nayagarh in T.R. Case No.84 of 2017. Learned counsel for the Petitioners submitted that initially the Petitioners were released on bail on 26.10.2017, after which the Petitioners were appearing before the learned Court in seisin over the matter after they were released on bail. However, on one of the dates fixed for appearance, due to

¶24

Page 1 of 2.

¶25

communication gap with their lawyer, the Petitioners were unable to appear since no step was taken to represent the petitioners by the counsel appearing for him. Thereafter, a non-bailable warrant of arrest was issued against the Petitioners. It was further contended that for the laches on the part of the counsel, the parties should not be allowed to suffer. Therefore, being aggrieved by such order the Petitioners have approached this Court with a prayer to quash order dated 20.05.2024.

¶26

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 Petitioners, this Court deems it proper to set aside the order dated 20.05.2024 by the learned Additional Sessions Judge-cum-Special Judge, Nayagarh in T.R. Case No.84 of 2017, subject to payment of a cost of Rs.500/(Rupees Five Hundred only) by each of the Petitioners to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioners shall appear before the learned Additional Sessions Judge-cum-Special Judge, Nayagarh within two weeks from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.

¶27

In such view of the matter, the CRLMC is allowed.

¶28

( A.K. Mohapatra)

¶29

Judge

¶30

Anil

¶31

Signature Not Verified

¶32

Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 05-Sep-2024 18:06:26

Deepak Kumar Pradhan @ Dipak Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deepak Kumar Pradhan @ Dipak Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ganesh Behera Vs State of Odisha

Hrushikesh Bhoi Vs State of Odisha

Sk.Osiulla Vs State of Odisha

Nrusingh Charan Biswal@Tukuna Biswal Vs State of Odisha

Sabitri Adhikari Vs State of Odisha

Purusottam Naik@Purastam Naik Vs State of Odisha