Disposed¶19

Madhab Sahoo v. State of Odisha

Orissa HC5 May 2025CRLMC/1560/2025

Case brief

AI extract

What is this about?

Orissa High Court CRLMC 1560 of 2025 Savitri Ratho Section 482 CrPC recall of NBW non-bailable warrant S.T. Case No. 17 of 2021 Additional Sessions Judge Athagarh non-appearance 25.10.2024 ordersheet Annexure 1 Series NBW issued 24.08.2024 false averment surrender by 16.05.2025 release on bail cash surety early completion of trial Madhab Sahoo Buchu Bichi Prabesh Behera Debasis Mishra advocate S.J. Mohanty ASC.

What did the court decide?

Conditional relief: if the petitioners surrender before the learned Additional Sessions Judge, Athagarh in S.T. Case No. 17 of 2021 on or before 16.05.2025 and file an application for bail, they shall be released on bail on such terms and conditions as deemed fit, including cash surety. ¶19

Madhab Sahoo 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 N.B.W. issued against the petitioners in S.T. Case No. 17 of 2021 for their non-appearance in the trial should be recalled under Section 482 Cr.P.C.

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Court's answer

The NBW of arrest stood issued for the petitioners' non-appearance in the learned trial court; there is no infirmity in that order and it does not warrant interference.

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Ratio / Principle

Perusal of the ordersheet in S.T. Case No. 17 of 2021 (Annexure 1 Series) revealed that the NBW had been issued on 24.08.2024 and not on 25.10.2024 as averred; for making the false averment the Court would have dismissed the CRLMC.

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Key takeaways

Considering the petitioners' undertaking to appear by 16.05.2025 and cooperate for early completion of the trial, the CRLMC was disposed of with the direction that if the petitioners surrender before the learned Additional Sessions Judge, Athagarh on or before 16.05.2025 and file an application for bail, they shall be released on bail on such terms and conditions as deemed fit, including cash surety.ratio¶19

Detailed headnote1 paragraphs

CRLMC No. 1560 of 2025 (High Court of Orissa at Cuttack, Savitri Ratho, J., order dated 05.05.2025): Petitioners Madhab Sahoo and Buchu @ Bichi @ Prabesh Behera, facing an NBW in S.T. Case No. 17 of 2021 (Additional Sessions Judge, Athagarh) for non-appearance on 25.10.2024, sought its recall under Section 482 Cr.P.C., pleading miscommunication with counsel and undertaking to surrender by the next date (16.05.2025). The Court held there was no infirmity in the NBW order and it did not warrant interference; perusal of the ordersheet (Annexure 1 Series) showed the NBW had in fact been issued on 24.08.2024, not 25.10.2024, and for the false averment the CRLMC would otherwise have been dismissed. Weighing the petitioners' undertaking to cooperate for early completion of the trial, the Court disposed of the CRLMC directing that if the petitioners surrender on or before 16.05.2025 and file bail applications, they shall be released on bail on terms deemed fit by the trial court, including cash surety.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1560 of 2025

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1. Madhab Sahoo

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Petitioners

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2. Buchu @ Bichi @ Prabesh Behera

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Mr. Debasis Mishra, Advocate

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Versus

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State of Odisha …. Opposite Party

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Mr. S.J. Mohanty, ASC

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

05.05.2025

Order No.

(Through hybrid mode)

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This application under Section 482 of Cr.P.C. has been filed for recalling the order dated 25.10.2024 passed by the learned Additional Sessions Judge, Athagarh in S.T. Case No. 17 of 2021, issuing N.B.W. against the petitioners.

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Mr. Debasis Mishra, learned counsel appearing on behalf of the petitioners submits that during investigation, the petitioners were arrested and had been released on bail on 08.05.2014 and 23.03.2021 and steps were being taken on their behalf regularly. On account of miscommunication with their counsel, the petitioners could not appear on 25.10.2024 and no steps were taken on their behalf in the trial court for which NBW was issued against them. He further submits that the next date in the case is fixed to 16.05.2025 and the petitioners are willing to surrender before the Court by the next date for which the NBW issued against them may be recalled.

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Page 1 of 2

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NBW of arrest has been issued against the petitioner for their nonappearance in the learned trial court. There is therefore no infirmity in the order and it does not warrant interference.

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Perusal of the ordersheet in S.T. Case No. 17 of 2021 (Annexure 1 Series) reveals that NBW had been issued against the petitioners on 24.08.2024 and not on 25.10.2024. For making a false averment, I would have dismissed the CRLMC but considering the submission of the learned counsel for the petitioner that the petitioners undertake to appear in the trial court by 16.05.2025 and cooperate for early completion of the trial and in order to ensure their presence in the trial, the CRLMC is disposed of directing that if the petitioners, Madhab Sahoo and Buchu @ Bichi @ Prabesh Behera surrender in the Court of learned Additional Sessions Judge, Athagarh in S.T. Case No.17 of 2021 on or before 16.05.2025 and file an application for bail, they shall be released on bail on such terms and conditions as deemed fit, including cash surety by the learned Court in seisin over the matter. 5. Urgent certified copy of this order be granted on proper application.

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(Savitri Ratho) Judge

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puspa

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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: 10-May-2025 10:42:57

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Madhab Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madhab Sahoo 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

Statutes considered

Procedural history

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Coram

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