Allowed¶24

Bighini@Bighnesar Nayak@Bighneswar Nayak v. State of Odisha

Orissa HC17 Jul 2025CRLMC/1507/2025

Case brief

AI extract

What is this about?

NBW set aside for one-time non-appearance despite bail-condition violation; cost of Rs.2000/- to Advocates' Welfare Fund imposed; direction to appear before J.M.F.C., Narasinghpur within four weeks; coercive steps reserved on further default. Keywords: NBW, bail condition violation, non-appearance, communication gap, cost, C.T. Case No.30 (B) of 2021, CRLMC No.1507 of 2025, J.M.F.C. Narasinghpur.

What did the court decide?

The CRLMC is allowed: the NBW order dated 27.01.2023 is set aside subject to payment of Rs.2000/- cost to the Advocates' Welfare Fund of the local Bar Association within fifteen days with proof of deposit, and the petitioner is directed to appear before the learned J.M.F.C., Narasinghpur within four weeks and continue participating in the trial without further default. ¶24

Bighini@Bighnesar Nayak@Bighneswar Nayak 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 27.01.2023 passed by the learned J.M.F.C., Narasinghpur in C.T. Case No.30 (B) of 2021 issuing an NBW against the petitioner for non-appearance before the trial court should be set aside so as to afford him another opportunity to cooperate with the trial.

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Court's answer

The order dated 27.01.2023 passed by the learned J.M.F.C., Narasinghpur in C.T. Case No.30 (B) of 2021 issuing the NBW is set aside, subject to payment of a cost of Rs.2000/- (Rupees Two Thousand) by the petitioner to the Advocates' Welfare Fund of the local Bar Association within fifteen days and furnishing a money receipt in proof of deposit.

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Ratio / Principle

The petitioner shall appear before the learned J.M.F.C., Narasinghpur within four weeks along with a copy of the order and continue to participate in the proceedings without any further default; upon any further default, the court seized of the matter may take necessary coercive steps against the petitioner.

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Detailed headnote1 paragraphs

Criminal Miscellaneous (Orissa High Court, Aditya Kumar Mohapatra, J.) — Petitioner, released on bail in C.T. Case No.30 (B) of 2021, failed to appear before the learned trial court on 27.01.2023, whereupon the learned J.M.F.C., Narasinghpur issued a non-bailable warrant by order dated 27.01.2023. The petitioner attributed the non-appearance to a communication gap with the conducting counsel and undertook to cooperate with the trial; the State opposed, citing violation of bail conditions and delay. Allowing the CRLMC, the Court set aside the order dated 27.01.2023, subject to the petitioner paying a cost of Rs.2000/- (Rupees Two Thousand) to the Advocates' Welfare Fund of the local Bar Association within fifteen days and furnishing a money receipt in proof of deposit. The petitioner was directed to appear before the learned J.M.F.C., Narasinghpur within four weeks with a copy of the order and continue participating in the proceedings; any further default would permit the court seized of the matter to take necessary coercive steps against him.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1507 of 2025

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Bighini @ Bighnesar Nayak @ Bighneswar Nayak

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..... Petitioner

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Represented By Adv. - Jyotirmaya Sahoo

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-versus-

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State Of Odisha

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..... Opp. Party Represented By Adv. – S.K. Parhi, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

17.07.2025

Order No.

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

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

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It is stated by learned counsel for the Petitioner that the Petitioner who was released on bail earlier could not appear before the learned trial court on 27.01.2023. As a result, an NBW was issued against the Petitioner vide order dated 27.01.2023 by the learned J.M.F.C., Narasinghpur in C.T. Case No.30 (B) of 2021 under Annexure-1 to the present application. On perusal of the

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Page 1 of 3.

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order dated 27.01.2023 it appears that the learned Magistrate has indicated that the accused was on bail with such conditions mentioned in the bail order. However, it appears that he has violated the bail conditions and failed to appear before the learned trial court. Learned counsel for the Petitioner at this juncture contended that none-appearance before the court is neither intention nor deliberate. He further submitted that due to communication gap with the conducting counsel, the accused-petitioner could not appear before the learned trial court.

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Learned counsel for the State on the other hand objected to the prayer made in the present application. On the ground that the Petitioner has violated the bail conditions and non-appearance of the Petitioner is caused delay in conclusion of the trial.

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Taking into consideration of the aforesaid facts, further keeping in view the submissions made by learned counsel for the Petitioner that the Petitioner is ready and willing to cooperate with the trial and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 27.01.2023 by the learned J.M.F.C., Narasinghpur in C.T. Case No.30 (B) of 2021, subject to payment of a cost of Rs.2000/(Rupees Two Thousand) by the Petitioner 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 Petitioner shall appear before the learned J.M.F.C., Narasinghpur within four 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 Petitioner makes any further default in appearance, it is open to the Court in seisin over

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Page 2 of 3.

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Anil

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the matter to take necessary coercive steps against the Petitioner.

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

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( A.K. Mohapatra) Judge

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Signature Not Verified Page 3 of 3.

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Jul-2025 14:50:28

Bighini@Bighnesar Nayak@Bighneswar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bighini@Bighnesar Nayak@Bighneswar Nayak 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

Procedural history

Parties & counsel

Coram

Case details

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