Rupchan Majhi Vs State of Odisha

1. The petitioner is an accused in the F.I.R. in connection with Komna P.S. Case No.25 of 2013 corresponding to C.T. Case No.70/10 of 2013-2017 for the alleged commission of the offences punishable under Sections 302/147/148/342/149 of the IPC r/w Sections 25/27 of the Arms Act r/w Section 17 of the Cr.L.A. Act pending in the Court of the learned Additional District & Sessions Judge, Nuapada.

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2. The petitioner was already admitted to bail by

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this Court vide order dated 05.12.2023 in BLAPL No.22163 of 2013. Because of his non-appearance in the Court, the learned trial Court issued the order of N.B.W. dated 30.09.2015. The N.B.W. was executed and the petitioner was taken into custody on 24.04.2024. Thereafter, the petitioner moved the present bail application.

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3. When the matter was taken up on 27.01.2025, inadvertently, the following order was passed:

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“Heard.

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2. The petitioner is an accused in connection with Komna P.S. Case No.25 of 2013 corresponding to C.T. Case No.70/10 of 2013-2017 for the alleged offences punishable under Sections 302/147/148/342/109/149 of I.P.C. read with Section 25/27 of the Arms Act pending in the Court of the learned Additional District and Sessions Judge, Nuapada.

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3. The petitioner was granted bail on 05.12.2013. However, he did not appear before the Court below on 30.09.2015 which led to issuance of NBW against him.

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4. Learned counsel for the petitioner on instruction from his client undertakes that his client would be appearing before the Court below on or before 20.02.2025 and seeks appropriate remedy available to him under law.

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5. Taking into consideration the above facts and submission at the Bar, the order dated 30.09.2015 passed by the learned Additional District and Sessions Judge, Nuapada in connection with Komna P.S. Case No.25 of 2013 corresponding to C.T. Case No.70/10 of 2013-20174 is set aside, subject to the petitioner appearing/surrendering before the Court below on or before 20.02.2025 and paying cost of Rs.1000/- to be deposited in the District Court Bar Association’s Welfare Fund, Nuapada.

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6. The BLAPL is disposed of.”

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4. It appears that the aforementioned order was passed by a wrong impression that the petitioner was seeking cancellation of the N.B.W. issued against him. But, in fact, the N.B.W. issued on 30.09.2015 had been executed and the petitioner was taken into custody. Hence, he applied for regular bail. Therefore, the order dated 27.01.2025 passed by this Court is apparently erroneous an order.

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5. Learned counsel for the petitioner submits that the petitioner was already admitted to bail by this Court vide order dated 05.12.2023. Therefore, after execution of the N.B.W., when the petitioner applied for bail, the Court below should have taken into consideration the fact that this Court had already admitted the petitioner on bail while considering the case on merit. However, ignoring the same, the petitioner has been remanded to the custody. Hence, he has approached this Court.

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6. Regard being had to the fact that the petitioner was already admitted to bail by this Court vide order dated 05.12.2023, but due to the default of the petitioner, the order of N.B.W. was issued against him and the petitioner was taken into custody pursuance to the same. I am inclined to enlarge the petitioner on bail with the additional condition that, the petitioner shall appear before the trial Court on each date of hearing. If the petitioner fails to appear before the trial

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Court on each date of hearing or being represented by his counsel, the concession of bail granted by this Court shall be recalled on the application by the prosecution by the trial court.

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7. With the aforementioned condition, the I.A. is disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Feb-2025 19:00:31

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Rupchan Majhi v. State of Odisha

Case brief

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Rupchan Majhi v. State of Odisha

Case brief

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