Kana Madhi Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.1539 of 2025

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1. Kana Madhi

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2. Muka @ Rinakumari

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3. Lacha Beti 4. Era Kurami ….. Petitioners Mr. S.N. Mishra, Advocate Vs. State of Odisha ….. Opp. Parties Mr. S.J. Mohanty, ASC

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CORAM:

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THE HON’BLE MISS JUSTICE SAVITRI RATHO

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ORDER

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06.05.2025

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(Through hybrid mode)

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Order No.

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1. This CRLMC has been filed challenging the order dated 05.03.2024 passed by the learned Sessions Judge-cum-Special Judge, Malkanagiri in C.T. Case No. 03 of 2023 arising out of G.R. Case No. 43 of 2020 in the file of the learned J.M.F.C., Motu at M.V.-79 P.S.

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Case No. 11 of 2020, issuing NBW of arrest against the petitioners on account of their repeated absence in the Court.

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Mr. S.N. Mishra, learned counsel for the petitioners produces the copy of the order dated 08.10.2020 passed in BLAPL No. 4186 of 2020 by this Court, where the prayer for bail of the petitioners- Lachha Beti, Muka @ Rina Kurami, Kana Madi and Era Kurami was allowed.

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The order dated 12.10.2020 passed by the learned J.M.F.C.,

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Page 1 of 3

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Motu, which has been annexed to this CRLMC reveals that the petitioners have been released on bail and on 12.10.2020, the case was committed to the court of Sessions and the petitioners was directed to file PR bond of Rs.1,00,000/- each and appear before the Court of Sessions on 16.01.2023.

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Mr. S.N. Mishra, learned counsel for the petitioners submits that

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the petitioners are daily labourers and as they had gone outside the state to earn their living, they could not appear in the Court earlier. He further submits that the petitioners are willing to surrender in the Court below and cooperate with the trial, for which the NBW of arrest issued against them may be recalled.

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It appears that the petitioners have not appeared before the Sessions Judge-cum-Special Judge, Malkanagiri, in spite of being granted ample opportunity ( 12 adjournments , including last chance on 13.02.2024), for which their application under Section -317 Cr.P.C was rejected and NBW of arrest was directed to be issued against them, so I do not find any illegality in the impugned order so as to interfere with it .

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But considering the submission of the learned counsel for the petitioner that they are daily labourers and are ready to surrender in the

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Page 2 of 3

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Court, they had been granted bail by this Court, and with a view to ensure their presence in the trial court, so that the trial is not delayed any further, it is directed that if the petitioners Kana Madi, Muka @ Rina Kurami, Lachha Beti and Era Kurami surrender on or before 17.05.2025 in the Court of the learned Sessions Judge-cum-Special Judge, Malkanagiri and move an application for bail, they shall be released on bail on such terms and conditions as deemed fit and proper by the learned court in seisin over the matter, including a condition to deposit cash surety of Rs.2,000/- each.

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The CRLMC is accordingly disposed of.

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Urgent certified copy of the order be granted on proper application.

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puspa

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(Savitri Ratho) Judge

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 07-May-2025 14:01:40

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Kana Madhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kana Madhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Coram

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