Disposed¶17

Prasanjeet Biswas v. State of Odisha

Orissa HC16 Apr 2025CRLMC/1444/2025

Case brief

AI extract

What is this about?

CRLMC No.1444 of 2025; High Court of Orissa at Cuttack; Justice Sibo Sankar Mishra; Prasanjeet Biswas; State of Odisha; Motu P.S. Case No.13 of 2023; Special G.R. Case No.36 of 2023; Special Judge Malkangiri; Section 20(b)(ii)B N.D.P.S. Act; Non-Bailable Warrant (N.B.W.) set aside; bail default/non-appearance; surrender undertaking 05.05.2025; cost Rs.500 Orissa High Court Bar Association; CRLMC disposed of 16.04.2025.

What did the court decide?

Conditional setting aside of the order dated 19.04.2023 by which the N.B.W. was issued against the petitioner, subject to surrender before the Court below on or before 05.05.2025 and deposit of cost of Rs.500 with the Orissa High Court Bar Association; liberty granted to avail remedy under law after surrendering as per the undertaking. ¶17

Prasanjeet Biswas Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 19.04.2023 passed in connection with Motu P.S. Case No.13 of 2023 corresponding Special G.R. Case No.36 of 2023, by which a Non-Bailable Warrant was issued against the petitioner, should be set aside.

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Court's answer

The order dated 19.04.2023 passed in connection with Motu P.S. Case No.13 of 2023 corresponding Special G.R. Case No.36 of 2023, by which the N.B.W. was issued against the petitioner, is set aside, subject to the petitioner surrendering before the Court below on or before 05.05.2025 and depositing cost of Rs.500/- with the Orissa High Court Bar Association.

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Ratio / Principle

Liberty is granted to the petitioner to avail remedy under law after surrendering before the Court below as per his undertaking to surrender/appear on or before 05.05.2025.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, CRLMC No.1444 of 2025 (order dated 16.04.2025, Justice Sibo Sankar Mishra): Disposing of the petitioner's challenge to the order dated 19.04.2023 in Motu P.S. Case No.13 of 2023 corresponding Special G.R. Case No.36 of 2023 (offence punishable under Section 20(b)(ii)B of the N.D.P.S. Act) pending before the learned Special Judge, Malkangiri, by which a Non-Bailable Warrant had been issued against him following his admitted release on bail on 10.12.2023 and failure to appear. On the submissions made at the Bar and the undertaking to surrender on or before 05.05.2025, the Court set aside the said order subject to surrender/appearance before the Court below on or before 05.05.2025 and deposit of cost of Rs.500 (Rupees five hundred) with the Orissa High Court Bar Association, granting the petitioner liberty to avail remedy under law after surrendering as per the undertaking; the CRLMC was accordingly disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1444 of 2025 Prasanjeet Biswas …. Petitioner

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Mrs.Mamata Mishra, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr.S.N.Biswal, ASC

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order No.

01.

ORDER 16.04.2025

1 . The petitioner has challenged the order dated 19.04.2023 passed in connection with Motu P.S. Case No.13 of 2023 corresponding Special G.R. Case No.36 of 2023 for commission of the offence punishable under Section 20(b)(ii)B of the N.D.P.S. Act, pending in the Court of the learned Special Judge, Malkangiri by which the N.B.W. has been issued against him.

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2. Learned counsel for the petitioner submits that the petitioner was admitted to bail on 10.12.2023, however, he could not appear before the learned Court below leading to issuance of the N.B.W. against him 19.04.2023.

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3. Learned counsel for the petitioner, on instruction,

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submits that, the petitioner would surrender/appear before the learned Court below on or before 05.05.2025 and seek remedy available to him under law.

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4. On the basis of the aforementioned facts and submissions made at the Bar, the order dated 19.04.2023 passed in connection with Motu P.S. Case No.13 of 2023 corresponding Special G.R. Case No.36 of 2023 pending in the Court of the learned Special Judge, Malkangiri, is set aside, subject to the petitioner surrendering before the Court below on or before 05.05.2025 and depositing cost of Rs.500/(Rupees five hundred) with Orissa High Court Bar Association. Liberty is granted to the petitioner to avail remedy under law after surrendering as per the undertaking.

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5. The CRLMC is accordingly 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: 16-Apr-2025 19:01:40

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Prasanjeet Biswas v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prasanjeet Biswas v. State of Odisha

Case brief

What is this about?

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What the court decided

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