Sunakanta@Suryakanta Dhir Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sunakanta@Suryakanta Dhir Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC disposed of without interfering with the NBW order; conditional direction that the petitioner be released on bail if he surrenders before the learned SDJM, Nilagiri on or before 30.05.2025 and files a bail application (terms including cash security left to the Court below); trial Court directed to record evidence-in-chief of appearing witnesses notwithstanding absence of any accused.

Issue for consideration

Whether the order dated 09.09.2024 of the learned SDJM, Nilagiri issuing NBW of arrest against the petitioner in C.T. Case No.328 of 2012 (Nilagiri P.S. Case No.258 of 2012) is illegal and calls for interference/quashing by this Court.

Court's answer

The Court finds no illegality in the impugned order dated 09.09.2024 issuing NBW of arrest and declines to interfere with it.

Ratio / Principle

To secure the petitioner's attendance during trial, it is directed that if the petitioner surrenders before the learned SDJM, Nilagiri in C.T. Case No.328 of 2012 on or before 30.05.2025 and files an application for bail, he shall be released on bail on such terms and conditions as deemed fit by the learned Court below, including imposition of cash security.

Key takeaways

Since the case is of the year 2012, the trial Court is directed to record the evidence-in-chief of the witnesses who appear in Court and not return them on account of the absence of any of the accused persons.ratio¶¶24

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Savitri Ratho, J.), by order dated 13.05.2025 in CRLMC No.1556 of 2025, disposed of the application by Sunakanta @ Suryakanta Dhir seeking quashing of the order dated 09.09.2024 of the learned SDJM, Nilagiri in C.T. Case No.328 of 2012 (arising out of Nilagiri P.S. Case No.258 of 2012) issuing a non-bailable warrant of arrest after his absence on a trial date. The petitioner had been arrested and released on bail by the I.O. on 15.11.2012 (per order dated 10.10.2012 in BLAPL No.26133 of 2012), charge-sheeted, and released on bail again on 09.09.2014 after appearance before the Magistrate. The Court held there was no illegality in the impugned order and declined interference, but, to secure attendance and noting counsel's submission that the petitioner was willing to surrender and cooperate, directed that if he surrendered before the learned SDJM, Nilagiri on or before 30.05.2025 and filed a bail application, he would be released on bail on terms deemed fit by the Court below, including imposition of cash security. With only two of ten chargesheeted witnesses remaining and the case pending since 2012 (posted to 01.07.2025), the trial Court was further directed to record the evidence-in-chief of witnesses who appear and not return them on account of the absence of any accused person.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1556 of 2025

Sunakanta @ Suryakanta Dhir

Petitioner

Sk. Zafarulla, Advocate

-versus-

State of Odisha

….. Opp. Party

Mr. Udit Ranjan Jena, AGA

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

13.05.2025

(Through hybrid Mode)

Order No.

1. This application has been filed for quashing the order dated 09.09.2024 passed by the learned SDJM, Nilagiri in C.T. Case No.328 of 2012 arising out of Nilagiri P.S. Case No.258 of 2012 issuing NBW of arrest against the petitioner.

Perusal of the charge-sheet reveals that the petitioner was arrested and released on bail on 15.11.2012 by the I.O. before charge-sheet as per order dated 10.10.2012 passed by this Court in BLAPL No.26133 of 2012. In the meanwhile charge-sheet has been filed and after he appeared before the learned Magistrate, has been released on bail on 09.09.2014.

Learned counsel for the petitioner submits that the petitioner had been released on bail on 09.09.2014 after filing of charge-sheet. After trial had started, on 09.09.2024 as the petitioner was absent on that day, NBW of arrest was issued against him. He further submits that out of ten chargesheeted witnesses, only two remain to be examined and the case is posted to 01.07.2025. He also submits that

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the petitioner is willing to surrender in the Court below and cooperate for early completion of the trial.

I find no illegality in the impugned order so as to interfere with the same.

But in order to secure the attendance of the petitioner during trial and considering the submissions of the learned counsel for the petitioner that the petitioner is ready and willing to surrender before the Court below and cooperate for early disposal of the trial, it is directed that if the petitioner surrenders in the Court of the learned SDJM, Nilagiri in C.T. Case No.328 of 2012 arising out of Nilagiri P.S. Case No.258 of 2012 on or before 30.05.2025 and files an application for bail, he shall be released on bail on such terms and conditions as deemed fit by the learned Court below including imposition of cash security.

The CRLMC is accordingly disposed of.

As this is a case of the year 2012, the trial Court shall record the evidence in chief of the witnesses who appear in the Court and not return them on account of absence of any of the accused persons.

(Savitri Ratho) Judge

RKS

Signature Not Verified

Digitally Signed Signed by: RANJAN KUMAR SETHI Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 14-May-2025 20:39:38

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