Disposed¶19

Subash Delei v. State of Odisha

Orissa HC12 Feb 2024CRLMC/327/2024

Case brief

AI extract

What is this about?

Orissa High Court Cuttack; CRLMC No. 327 of 2024; order dated 12.02.2024; Justice Sibo Sankar Mishra; Subash Delei and others versus State of Odisha; S.T. Case No.117 of 2018; G.R. Case No.112 of 2016; Buguda P.S. Case No.124 of 2016; Sections 341, 294, 323, 325, 307, 506, 34 IPC; bail granted 09.08.2018; non-appearance 08.11.2023; NBW issued; undertaking to appear by 29th February 2024; order dated 08.11.2023 set aside; cost Rs.500/- per Petitioner; Orissa High Court Advocates' Welfare Fund; Additional Sessions Judge Bhanjanagar; K. P. Dash Advocate; P. K. Maharaj ASC; CRLMC disposed of.

What did the court decide?

Order dated 08.11.2023 of the Additional Sessions Judge, Bhanjanagar set aside, subject to each Petitioner paying cost of Rs.500/- into the Orissa High Court Advocates' Welfare Fund; CRLMC disposed of. ¶19

Subash Delei Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether, in view of the Petitioners' undertaking (through learned counsel) to appear before the Court below on or before 29th February, 2024, the consequences of their failure to appear on 08.11.2023 (issuance of NBW, via the order dated 08.11.2023 passed by the Additional Sessions Judge, Bhanjanagar) could be remedied by setting aside that order, subject to payment of cost.

¶11

Court's answer

Taking into consideration the facts and submission at the Bar — including counsel's undertaking that the Petitioners would appear before the Court below on or before 29th February, 2024 — the Court set aside the order dated 08.11.2023 passed by the learned Additional Sessions Judge, Bhanjanagar in S.T. Case No.117 of 2018 corresponding to G.R. Case No.112 of 2016 arising out of Buguda P.S. Case No.124 of 2016.

¶17

Ratio / Principle

The set-aside is conditional: each of the Petitioners is to pay cost of Rs.500/-, to be deposited in the Orissa High Court Advocates' Welfare Fund.

¶18

Detailed headnote1 paragraphs

Orissa High Court at Cuttack — CRLMC No. 327 of 2024 — Order dated 12.02.2024 — Coram: Justice Sibo Sankar Mishra. Petitioners (Subash Delei and others) face prosecution in S.T. Case No.117 of 2018 corresponding to G.R. Case No.112 of 2016 arising out of Buguda P.S. Case No.124 of 2016 under Sections 341, 294, 323, 325, 307, 506 and 34 of I.P.C., pending before the learned Additional Sessions Judge, Bhanjanagar. Bail had been granted on 09.08.2018, but the Petitioners did not appear before the Court below on 08.11.2023, leading to issuance of NBW against them. Learned counsel (K. P. Dash) undertook, on instruction, that the Petitioners would appear before the Court below on or before 29th February, 2024 and seek appropriate remedy under law. Taking the facts and submissions at the Bar into consideration, the Court set aside the order dated 08.11.2023 passed by the Additional Sessions Judge, Bhanjanagar, subject to each Petitioner paying cost of Rs.500/- to be deposited in the Orissa High Court Advocates' Welfare Fund. The CRLMC was disposed of. State represented by P. K. Maharaj, ASC.

Subash Delei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Delei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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