Disposed¶19

Sekhar Khamari@Shekhar Chandra Khamari v. State of Odisha

Orissa HC14 May 2025CRLMC/1654/2025

Case brief

AI extract

What is this about?

CRLMC No. 1654 of 2025, Orissa High Court, decided 14.05.2025 (Savitri Ratho, J.); challenge to NBW dated 24.03.2025 by JMFC Hemgir in G.R. Case No. 687 of 2009 / Hemgir P.S. Case No. 154 of 2009; NBW not set aside; conditional release on bail upon surrender on or before 24.05.2025; earlier bail 22.06.2010; summons 04.07.2024 and 18.02.2025; CRLMC disposed of.

What did the court decide?

CRLMC disposed of; NBW order dated 24.03.2025 left intact, but petitioner directed to surrender before the learned court below on or before 24.05.2025 and, on filing a bail application, to be released on bail on terms fixed by the trial court; learned Magistrate requested to take steps for early completion of the trial. ¶19

Sekhar Khamari@Shekhar Chandra Khamari 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 24.03.2025 passed by the learned JMFC, Hemgir issuing N.B.W. of arrest against the petitioner should be set aside.

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Court's answer

The Court was not inclined to set aside the order dated 24.03.2025 issuing N.B.W. of arrest against the petitioner.

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Ratio / Principle

In view of the petitioner's willingness to surrender and cooperate, his earlier release on bail, and recent service of summons, it was directed that if the petitioner surrenders before the learned court below on or before 24.05.2025 and files an application for bail, he shall be released on bail on such terms and conditions as deemed fit and proper by the learned court in seisin over the matter.

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Key takeaways

As the case is of the year 2009, the learned Magistrate was requested to take steps for early completion of the trial.ratio¶18

Detailed headnote1 paragraphs

Orissa High Court (Savitri Ratho, J.) disposed of CRLMC No. 1654 of 2025, in which the petitioner challenged the order dated 24.03.2025 of the learned JMFC, Hemgir in G.R. Case No. 687 of 2009 (arising out of Hemgir P.S. Case No. 154 of 2009) issuing a non-bailable warrant of arrest against him for non-appearance despite service of summons. The Court declined to set aside the warrant order, noting that the petitioner had been arrested and released on bail on 22.06.2010 (confirmed by SDJM, Sundargarh order dated 15.07.2010) and summons had been issued on 04.07.2024 and 18.02.2025. However, considering his stated willingness to surrender and cooperate in completing the trial, the Court directed that if he surrendered before the court below on or before 24.05.2025 and filed a bail application, he would be released on bail on terms fixed by the court in seisin; the learned Magistrate was further requested to expedite the trial of this 2009 case.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1654 of 2025

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Sekhar Khamari @ Shekhar Chandra Khamari

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….. Petitioner

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Mr. Julu Khansama, Advocate

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-versus-

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State of Orissa

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….. Opp. Party Mr. U.R. Jena, AGA

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 14.05.2025

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Order No.

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(Through hybrid Mode)

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This CRLMC has been filed challenging the order dated 24.03.2025 passed by the learned JMFC, Hemgir in G.R. Case No. 687 of 2009 arising out of Hemgir P.S. Case No. 154 of 2009, issuing N.B.W. of arrest against the petitioner as he did not appear in the court despite of service of summons on him.

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Mr. Julu Khansama, learned counsel for the petitioner submits that the petitioner was arrested on 22.06.2010 and was released on bail on the same day by the learned Magistrate. He submits that he does not have a copy of the order releasing the petitioner on bail, but produces the arrest memo as well as the bail bond which indicates that the petitioner was arrested on 22.06.2010 and has been released on bail by the learned Magistrate on the same day. He further submits that due to illness of the petitioner, he could not remain present on the said date for which NBW of arrest has been issued against them. He submits that he is willing to appear before the court below and cooperate for early completion of trial.

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Perusal of the order dated 15.07.2010 of the learned SDJM, Sundargarh reveals that the petitioner had been released on bail for which the date was fixed to 18.08.2010 for his appearance and thereafter on 04.07.2024 summons have been issued to the present petitioner and Bantu Purohit and again on 18.02.2025 summons was issued to the present petitioner.

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I am not inclined to set aside the order dated 24.03.2025.

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But considering the submission of the learned counsel for the petitioner that he is willing to surrender in the Court below and cooperate for early completion of the trial and as the petitioner had been released on bail earlier and summons has been served on him recently and in order to secure his presence in the trial, it is directed that if the petitioner- Sekhar Khamari @ Shekhar Chandra Khamari surrender before the learned court below in the aforesaid case on or before 24.05.2025 and files an application for bail, he shall be released on bail on such terms and conditions as deemed fit and proper by the learned court in seisin over the matter.

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