The High Court of Orissa quashed the N.B.W. issued against the petitioner, who was already on bail but failed to appear due to counsel's non-communication. The Court allowed the writ and directed surrender within fifteen days.
Order of N.B.W. quashed; Petitioner directed to surrender and move for bail within fifteen days; Depsition of Rs.500 as cost.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1152 of 2026
Rahul @ Rajendra Pal …. Petitioner(s) Mr. Biplab Kumar Dash, Adv. -versus-
…. State of Odisha Opposite Party(s) Smt. Sarita Moharana, ASC
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI ORDER
Order No.
10.04.2026
1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this CRLMC assailing the order of NBW dated 03.12.2025 issued by the learned Court in seisin over the matter in S.T. Case No.198 of 2019, against him.
3. Heard.
4. Learned counsel for the Petitioner submits that the Petitioner has been on bail since 19.04.2023. He was regularly attending the court on each date of posting of the case. However, on 03.12.2025, the Petitioner could not remain present in court due to noncommunication by the conducting Counsel. Hence, the learned Court in seisin over the matter issued the order of N.B.W. against him. He further submits that the Petitioner undertakes to cooperate till the end of the trial and appear before
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Apr-2026 14:34:03
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the learned court below on each date of posting of the case without fail.
5. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the present CRLMC. Accordingly, the order of N.B.W issued to the Petitioner on 03.12.2025 by the learned Court below in the aforesaid case is, hereby, quashed.
6. The Petitioner is directed to surrender before the learned court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen working days hence. In such event, the said court shall release him on bail with some stringent conditions. In addition, the Petitioner shall deposit a sum of Rs.500/(rupees five hundred only) as cost for violating the court’s order, in favour of the District Court Bar Association, Cuttack. The said amount shall be utilized for the purpose of purchasing of books in the Bar Library. Receipt showing deposit of the cost shall be presented before the learned court in seisin over the matter.
7. Accordingly, this CRLMC is disposed of.
(Dr. Sanjeeb K Panigrahi) Judge
Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Apr-2026 14:34:03
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2 issues framed by the court
Whether the N.B.W. issued against the bail petitioner due to non-communication by counsel should be quashed.
Whether the petitioner should be directed to surrender and move for bail with stringent conditions.
Rahul @ Rajendra Pal
State of Odisha
Smt. Sarita Moharana
DR.JUSTICE SANJEEB K PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
