Sachidananda Bhoi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Sachidananda Bhoi Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

CRLMC allowed and disposed of: the 02.02.2026 order of JMFC-III, Bhubaneswar quashed to the extent it issued N.B.W(A) against the petitioner; petitioner to surrender and move for bail within fifteen days, to be released on bail with stringent conditions, subject to payment of Rs.1000/- cost to the Bar Association Welfare Fund, Bhubaneswar.

Issue for consideration

Whether the N.B.W(A) issued against the petitioner by the learned JMFC-III, Bhubaneswar on 02.02.2026 for his failure to appear should be quashed and the petitioner enabled to secure bail afresh.

Court's answer

The order dated 02.02.2026 passed by the learned JMFC-III, Bhubaneswar is quashed insofar as it relates to the issuance of N.B.W(A) against the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the court in seisin over the matter and move for bail within fifteen days; on such surrender, the said court shall release him on bail with stringent conditions so as to enable him to appear on each date of posting.

Key takeaways

The petitioner shall deposit Rs.1000/- as cost for violating the court's order, the amount to be deposited with the Bar Association Welfare Fund, Bhubaneswar for utilisation towards purchasing books for the Bar library, with the receipt presented before the court in seisin over the matter.ratio¶24

Detailed headnote1 paragraphs

HIGH COURT OF ORISSA AT CUTTACK — CRLMC No.1531 of 2026 (decided 14.05.2026; Dr. Sanjeeb K Panigrahi, J.). The petitioner, earlier released on bail by order dated 14.07.2025 and regularly attending trial dates in C.T Case No.874 of 2023, failed to appear on 02.02.2026 owing to a communication gap with his conducting counsel, prompting JMFC-III, Bhubaneswar to issue an N.B.W(A). The High Court quashed the 02.02.2026 order insofar as it related to issuance of the N.B.W(A), directed the petitioner to surrender and move for bail within fifteen days — on which the trial court is to release him on bail with stringent conditions ensuring attendance on every posting date — and imposed a cost of Rs.1000/- for violating the court's order, payable to the Bar Association Welfare Fund, Bhubaneswar for purchase of books for the Bar library, the receipt to be produced before the trial court. CRLMC disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1531 of 2026

Sachidananda Bhoi

...…... Petitioner(s)

Mr. Amlan Shakti Paul,

Advocate

-Versus-

……. State of Odisha Opposite Party (s) Mr. Debasish Nayak, AGA

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

14.05.2026

Order No.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the Petitioner and learned counsel for the State.

3. The petitioner has filed this CRLMC assailing the order dated 02.02.2026 passed by the learned JMFC-III, Bhubaneswar in connection with C.T Case No.874 of 2023, issuing N.B.W(A) against him.

4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail vide order dated 14.07.2025 by the court below. He was regularly attending the court on each date of posting of the case. However, on 02.02.2026, the petitioner could not remain present in

court as his conducting counsel did not take any step for his Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:22:51

2

attendance due to communication gap. Hence, the learned JMFC-III, Bhubaneswar issued N.B.W (A) against him. He further submits that the Petitioner undertakes that he will cooperate till the end of the trial and appear before the court on each date of posting without fail, failing which, fresh N.B.W (A) shall be issued against him.

5. Learned counsel for the State strongly object the release of the Petitioner on bail.

6. In view of such facts and submissions made by the learned counsel for the Petitioner, this Court is inclined to allow the CRLMC. Accordingly, the order dated 02.02.2026 passed by the learned JMFCIII, Bhubaneswar in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed.

7. The Petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of the case. In addition, the Petitioner shall deposit a sum of Rs.1000/- (Rupees One Thousand only) as cost for violating the court’s order. The said amount shall be deposited with the Bar Association Welfare Fund, Bhubaneswar for the purpose of utilizing the said amount for

purchasing books for the Bar library. The copy of the receipt of the Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:22:51

3

said deposit shall be presented before the court in seisin over the matter.

8. Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 15-May-2026 18:22:51