Prasana Routray @ Prashanta Kumar Routray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Prasana Routray @ Prashanta Kumar Routray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC disposed of with directions: petitioner to surrender before the learned District and Sessions Judge, Jajpur in C.T. Case No.75 of 2016 on or before 31.05.2025 and, on filing a bail application, to be released on bail on terms deemed fit by the trial Court (including cash security); trial Court to split up the trial if required and proceed; evidence-in-chief of witnesses present to be recorded and witnesses not to be sent back for absence of the accused or counsel.

Issue for consideration

Whether this Court should interfere with the impugned order dated 29.11.2021 issuing NBW against the petitioner. +2 more

Court's answer

No illegality is found in the impugned order dated 29.11.2021 issuing the NBW, and the Court does not interfere with it.

Ratio / Principle

To secure the petitioner's attendance during the pending trial: if the petitioner surrenders before the learned District and Sessions Judge, Jajpur in C.T. Case No.75 of 2016 arising out of GR Case No.388 of 2014 on or before 31.05.2025 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 furnishing cash security.

Key takeaways

As the trial is pending since almost nine years, the learned trial Court shall split up the trial if required and proceed with it.ratio¶21
The evidence-in-chief of any witness who is present in Court shall be recorded, and a witness shall not be sent back on the ground of absence of the accused or his/their counsel.ratio¶22

Detailed headnote1 paragraphs

CRLMC No.1683 of 2025 (High Court of Orissa at Cuttack, Savitri Ratho, J., order dated 13.05.2025): The petitioner challenged the NBW issued against him by the learned District and Sessions Judge, Jajpur by order dated 29.11.2021 in G.R. Case No.388 of 2014 (Jajpur P.S. Case No.109 of 2014, later C.T. Case No.75 of 2016). The Court's perusal showed bail had been allowed on 12.08.2014; counsel stated it was on the direction of this Court in BLAPL No.11895 of 2014, and that the NBW issued on 29.11.2021 because no step was taken by the conducting counsel and the petitioner was absent. Finding no illegality in the impugned order, the Court declined to interfere but, noting charge remained unframed and the case stood posted to 25.06.2025, disposed of the application by directing that if the petitioner surrenders on or before 31.05.2025 and applies for bail he shall be released on bail on terms deemed fit by the trial Court, including furnishing cash security. Further directions: the trial Court may split up the trial given pendency since almost nine years, shall record the evidence-in-chief of any witness present, and shall not send a witness back for absence of the accused or his/their counsel.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1683 of 2025

Prasana Routray @ Prashanta ….. Petitioner Kumar Routray

Mr. Sangram Keshari Mishra, Advocate

-versus-

State of Odisha

….. Opposite 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 challenging the order dated 29.11.2021 passed by the learned District and Sessions Judge, Jajpur in G.R. Case No.388 of 2014, arising out of Jajpur P.S. Case No.109 of 2014, subsequently turned to C.T. Case No.75 of 2016 issuing NBW against the petitioner.

Perusal of the order dated 12.08.2014 passed in C.T. Case No.75 of 2016 arising out of GR Case No.388 of 2014 reveals that the prayer for bail of the petitioner had been allowed on 12.08.2014.

Learned counsel for the petitioner submits that the petitioner had been granted bail by the learned District and Sessions Judge, Jajpur on 12.08.2014 on the direction of this Court in BLAPL No.11895 of 2014. After the case was committed, steps were being taken on his behalf on each date. On 29.11.2021 as no step was taken by the conducting counsel and the petitioner was not present in Court, NBW was issued against him. He further submits that the

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petitioner is willing to surrender in the Court below and co-operate for the early completion of the trial and that charge has not been framed in the case and the case has been posted to 25.06.2025.

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, which is pending since almost ten years, it is directed that if the petitioner surrenders before the Court of the learned District and Sessions Judge, Jajpur in C.T. Case No.75 of 2016 arising out of GR Case No.388 of 2014 on or before 31.05.2025 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 furnishing cash security.

As the trial is pending since almost nine years, the learned trial Court shall split up the trial if required and proceed with.

It is also directed that the evidence in chief of any witness, who is present in Court, shall be recorded and a witness shall not be sent back on ground of absence of an accused or his/their counsel. 8. The CRLMC is accordingly disposed of.

(Savitri Ratho)

Judge

Signature Not Verified RKS

Digitally Signed Signed by: RANJAN KUMAR SETHI Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 16-May-2025 21:25:02

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