Rabinarayan Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Rabinarayan Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the N.B.W. issued on 31.10.2025 by the S.D.J.M., Jajpur; Petitioner to surrender and move for bail within fifteen days and to be released on bail with stringent conditions; Rs.500/- cost to be deposited with the District Bar Association Welfare Fund, Jajpur for library books, with the receipt presented before the court in seisin; CRLMC disposed of accordingly.

Issue for consideration

Whether the non-bailable warrant issued against the Petitioner on 31.10.2025 by the S.D.J.M., Jajpur for his absence on a single date of posting, despite his being on bail since 2003 and regularly attending court, should be quashed.

Court's answer

This Court allowed the CRLMC and quashed the order dated 31.10.2025 of the learned S.D.J.M., Jajpur insofar as it related to issuance of the N.B.W. against the Petitioner.

Ratio / Principle

The Petitioner was directed to surrender before the court seized of the matter and move for bail within fifteen days; on doing so, that court is to release him on bail with stringent conditions enabling his appearance on each date of posting.

Key takeaways

The Petitioner was additionally directed to deposit Rs.500/- as cost for violating the court's order, to be paid to the District Bar Association Welfare Fund, Jajpur for purchase of library books, with the deposit receipt to be presented before the court seized of the matter.ratio¶24

Detailed headnote1 paragraphs

Criminal Miscellaneous — Non-bailable warrant — Quashing of. The Petitioner, on bail since 20.10.2003 (BLAPL No.7841 of 2003) in G.R. Case No.861 of 2003 arising out of Jajpur P.S. Case No.172 of 2003, failed to appear on 31.10.2025 because his conducting counsel took no step for his attendance due to a communication gap, whereupon the learned S.D.J.M., Jajpur issued an N.B.W. against him (order dated 31.10.2025). Holding the absence excusable, the High Court allowed the CRLMC and quashed the order so far as it related to issuance of the N.B.W. The Petitioner was directed to surrender before the court in seisin and move for bail within fifteen days, on which event he is to be released on bail with stringent conditions securing appearance on every date of posting; he was also directed to deposit Rs.500/- as cost for violating the court's order, payable to the District Bar Association Welfare Fund, Jajpur for library books, the receipt to be shown to the court in seisin. Per counsel's recorded submission, the Petitioner undertook to appear on each date without fail, failing which a fresh N.B.W. may issue. CRLMC disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 202 of 2026

Rabinarayan Das

..…... Petitioner(s)

Mr. Bibekananda Mahapatra, Adv.

-Versus-

State of Odisha

……. Respondent(s)

Ms. Bijaya Laxmi Tripathy, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

20.01.2026

Order No.

This matter is taken up through hybrid arrangement.

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

The Petitioner has filed this CRLMC assailing the order dated 31.10.2025 passed by the learned S.D.J.M., Jajpur in G.R. Case No.861 of 2003, arising out of Jajpur P.S. Case No.172 of 2003, issuing N.B.W. against him.

Learned counsel for the Petitioner submits that the Petitioner is on bail vide order dated 20.10.2003 passed by this Court in BLAPL No.7841 of 2003. He was regularly attending the court on each date of posting of the case. However, on 31.10.2025, the

Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 20-Jan-2026 18:47:28

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Petitioner could not remain present in court as his conducting counsel did not take any step for his attendance due to communication gap. Hence, the learned S.D.J.M., Jajpur issued N.B.W. 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. shall be issued against him.

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 31.10.2025 passed by the learned S.D.J.M., Jajpur in the aforesaid case, so far it relates to issuance of N.B.W. against the Petitioner, is hereby quashed.

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.500/- (Rupees five hundred only) as cost for violating the court’s order. The said amount shall be deposited with the District Bar Association Welfare Fund, Jajpur for the purpose of purchasing library book.

Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 20-Jan-2026 18:47:28

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The copy of the receipt of the said deposit shall be presented before the court in seisin over the matter.

Accordingly, the CRLMC is disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Murmu

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 20-Jan-2026 18:47:28