Allowed

Purna Chandra Mohanty v. State of Odisha

Orissa HC19 Sept 2024CRLMC/3529/2024

Case brief

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What is this about?

Petitioners challenged a non-bailable warrant issued due to their counsel's failure to appear. The High Court set aside the warrant for larger justice, directing payment of costs and appearance within two weeks.

What did the court decide?

Order dated 09.08.2024 setting up a non-bailable warrant is set aside subject to payment of Rs.500/- each as cost to Advocates' Welfare Fund within 15 days. Petitioners to appear before the issuing co

Purna Chandra Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3529 of 2024

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1) Purna Chandra Mohanty ..... Petitioners

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Anindita Mohanty Represented By Adv. - Jaydeep Pal

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-versus-

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State Of Odisha

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..... Opp.Party

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Represented By Adv. – M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

19.09.2024

Order No.

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

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

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The Petitioners are aggrieved by the order dated 09.08.2024 on which date the non-bailable warrant of arrest has been issued against them by the learned JMFC (City), Cuttack in G.R. Case No.409 of 2016. Learned counsel for the Petitioners submitted that initially the Petitioners were released on bail on 15.10.2019, 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 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 nonbailable warrant of arrest was issued against the Petitioners. It was

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Page 1 of 2.

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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 09.08.2024.

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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 Petitioners, this Court deems it proper to set aside the order dated 09.08.2024 by the learned JMFC (City), Cuttack in G.R. Case No.409 of 2016, subject to payment of a cost of Rs.500/- (Rupees Five Hundred) 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 JMFC (City), Cuttack 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.

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

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( A.K. Mohapatra)

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Judge

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Anil

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Signature Not Verified Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Sep-2024 10:56:26

Purna Chandra Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Purna Chandra Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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