Disposed

Sania @ Kanha Malik v. State of Odisha

Orissa HC7 May 2025CRLMC/1511/2025

Case brief

AI extract

What is this about?

The Court allowed the CrPC 482 bail application challenging an N.B.W. issued for failure to appear, observing non-compliance with bail conditions. It remanded the petitioner to surrender within 11 days for a fresh bail application to be disposed of on the same day.

What did the court decide?

N.B.W. upheld but the Court directed petitioner to surrender by 16.05.2025 to apply for fresh bail to be decided on the same day.

Sania @ Kanha Malik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1511 of 2025

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Sania @ Kanha Malik

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….. Petitioner Mr. Arijeet Mishra, Advocate

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-versus-

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State of Odisha

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….. Opp. Party

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Mr. S. N. Biswal, ASC

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

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07.05.2025

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(Through hybrid Mode)

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Order No.

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This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner, challenging the order dated 10.07.2024 passed by the learned Sessions Judge, Kendrapara in S.T. No. 309 of 2025 (S.T. No. 107 of 2024) arising out of Aul P.S. Case No. 870 of 2023 corresponding to G.R. Case No. 1404 of 2023 now pending in the Court of the learned Additional Sessions Judge, Pattamundai, issuing N.B.W. of arrest against the petitioner and one Sipun @ Kiran Sethi as they failed to appear before the Court below, in spite of the direction of the committing Magistrate.

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Mr. Arijeet Mishra, learned counsel for the petitioner submits that the petitioner has been released on bail pursuant to order passed by the learned Additional Sessions Judge, Kendrapara in Bail Application

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Page 1 of 3

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No. 121 of 2024 on 02.04.2024.

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Perusal of the order dated 02.04.2024 passed in Bail Application No.121 of 2024 by the learned Additional Sessions Judge, Kendrapara reveals that the following conditions had been imposed while allowing his prayer for bail.

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(i) The petitioner shall furnish cash security of Rs.7000/(Rupees seven thousand) and bail bond of Rs.30,000/- (Rupees thirty thousand) with one surety for the like amount to the satisfaction of learned J.M.F.C., Aul;

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(ii) he shall not commit any type of offence while on bail; (iii) he shall appear before the IIC, Aul P.S. in a week preferably on Sunday between 10 A.m. and 11 A.M for period of three months and IIC shall keep attendance of the petitioner and submit the same to JMFC, Aul who shall tag the same with the record;

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(iv) he shall appear before the court on each date of adjournments unless prevented by sufficient cause.

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(v) he shall not threaten the informant and other witness, who are acquainted the facts of this case.

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(vi) Violation of any condition entails to cancellation of bail.

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Perused the report dated 29.04.2025 of the learned JMFC, Aul

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where it is intimated that no report has been received from the IIC, Aul P.S. regarding compliance of the order passed by the learned Addl. Sessions Judge, Kendrapara.

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Mr. S.N. Biswal, learned Additional Standing Counsel produced

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report dated 04.05.2024 of the IIC, Aul P.S. wherein it is stated that the petitioner has not appeared before the P.S. on weekly basis as has been

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Page 2 of 3

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directed by the Court. However, he has not committed any offence while on bail nor has any report been received regarding threatening of the informant or any witnesses by the petitioner.

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It appears from the reports that the petitioner has not reported at the police station every week, but this has not been reported to the learned J.M.F.C., Aul by the IIC.

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I find no reason to set aside the order dated 10.07.2024 as the

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NBW has been issued against the petitioner, as he failed to appear before this Court violating the conditions of the bail bonds.

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But since the petitioner had earlier been released on bail and trial is held up on account of his non-appearance, in order to ensure his presence during trial, it is directed that if the petitioner surrenders on or before 16.05.2025 in the Court of the learned Additional Sessions Judge, Kendrapara and files an application for bail, the same shall be disposed of on the same day considering the fact that petitioner had earlier been granted bail.

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The CRLMC is accordingly disposed of.

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Signature Not Verified RKS

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Digitally Signed Signed by: RANJAN KUMAR SETHI Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 08-May-2025 20:31:27

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Page 3 of 3

Sania @ Kanha Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sania @ Kanha Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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