Dhanu Bahadur Vs State of Odisha

The Petitioner is aggrieved by the order dated 10.03.2025 on which date the NBW of arrest has been issued against him by the learned 1^st Additional Sessions Judge, Rourkela in S.T. Case No.141 of 2021.

Learned counsel for the petitioner submitted that initially the Petitioner was on bail. He further submits that since the date of his release on bail the Petitioner was appearing before the Court in seisin over the matter. However, on the date fixed for appearance before the Court in seisin over the matter, due to illness, the Petitioner could not able to appear before the Court in seisin over the matter and no step was taken on his behalf. Therefore, a non-bailable warrant of arrest was issued against the Petitioner. It was further contended that for the laches on the part of the counsel, the party should not be allowed to

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suffer. Therefore, being aggrieved by order dated 10.03.2025, the Petitioner has approached this Court with a prayer to quash the same.

On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 10.03.2025 passed by the learned 1^st Additional Sessions Judge, Rourkela in S.T. Case No.141 of 2021, subject to payment of cost of Rs.500/- (Rupees five hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the learned 1^st Additional Sessions Judge, Rourkela in S.T. Case No.141 of 2021 within twenty days from today along with a copy of this order and shall continue to participate in the proceeding without any further default unless his personal appearance is dispensed with. In the event, the Petitioner makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner. The aforesaid order shall be subject to the condition that the trial court shall verify the fact as to whether the Petitioner was earlier released on bail. In the event the Petitioner was released on bail, then this order would stand, otherwise this order be automatically revoked.

6. The CRLMC is accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

Signature Not Verified ( A.K. Mohapatra ) Digitally Signed Judge

Digitally Signed Signed by: DEBASIS AECH Debasis Reason: Authentication Location: ORISSA HIGH COURT Date: 13-Jul-2025 18:38:40

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Dhanu Bahadur v. State of Odisha