Khirod Das v. State of Odisha

Orissa HC27 Jan 2025CRLMC/263/2025

Case brief

AI extract

What is this about?

CRLMC 263/2025, High Court of Orissa, Justice Sibo Sankar Mishra, disposed 27.01.2025. NBW issued 28.08.2023 against petitioner Khirod Das (on bail, failed to appear) in G.R. Case No.49 of 2021, IPC Sections 294/341/323/324/307/354/506/34, J.M.F.C. Salipur. Order dated 31.10.2023 set aside subject to surrender/appearance on or before 20.02.2025 and deposit of Rs.500 with local Bar Association, Salipur; liberty to seek remedies under law after surrender. Counsel: Satya Ranjan Mulia (petitioner); Sarita Maharan, ASC (State).

What did the court decide?

Set aside of the order dated 31.10.2023 in G.R. Case No.49 of 2021 (J.M.F.C., Salipur), conditional upon the petitioner surrendering before the Court below on or before 20.02.2025 and depositing Rs.500/- with the local Bar Association, Salipur; liberty granted to avail remedy under law after surrendering.

Khirod Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶21

Issue for consideration

Whether the order by which a non-bailable warrant (N.B.W.) was issued against the petitioner — who was on bail but failed to appear before the learned Court below in G.R. Case No.49 of 2021 — should be set aside so as to enable him to surrender and seek the remedies available to him under law.

¶¶15

Court's answer

The order dated 31.10.2023 passed in connection with G.R. Case No.49 of 2021 pending in the Court of the learned J.M.F.C., Salipur, is set aside, subject to the petitioner surrendering before the Court below on or before 20.02.2025 and depositing cost of Rs.500/- (Rupees five hundred) with the local Bar Association, Salipur.

¶¶20

Ratio / Principle

Liberty is granted to the petitioner to avail remedy under law after surrendering as per the undertaking given through his counsel.

¶¶20

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (S.S. Mishra, J.), CRLMC No.263 of 2025, decided 27.01.2025: Khirod Das, facing G.R. Case No.49 of 2021 for offences under Sections 294/341/323/324/307/354/506/34 IPC pending before the learned J.M.F.C., Salipur, challenged the order dated 28.08.2023 by which a non-bailable warrant (N.B.W.) was issued against him for failing to appear despite being on bail. On his counsel's instruction that he would surrender/appear before the Court below on or before 20.02.2025, the Court set aside the order dated 31.10.2023 passed in connection with the said G.R. Case, subject to surrender on or before 20.02.2025 and deposit of cost of Rs.500/- with the local Bar Association, Salipur, and granted liberty to avail remedies under law after surrendering; the CRLMC was accordingly disposed of. (Note: the judgment states the challenged order as dated 28.08.2023 in ¶1–¶2 but records the set-aside order as dated 31.10.2023 in ¶4.)

Khirod Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Khirod Das 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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