Kalia @ Kanhu Charan Mohanty Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Kalia @ Kanhu Charan Mohanty Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

N.B.W. issued on 31.10.2025 quashed; petitioner directed to surrender within fifteen days and move for bail, upon which the court in seisin shall release him on bail with stringent conditions; Rs.500/- cost to be deposited with the Bar Association Welfare Fund, Athagarh for library books with receipt shown to the court.

Issue for consideration

Whether the N.B.W. issued against the petitioner on 31.10.2025 by the Additional Sessions Judge, Athagarh (while the petitioner was on bail and absent on a single posting date) ought to be quashed.

Court's answer

The order dated 31.10.2025 passed by the learned Additional Sessions Judge, Athagarh in S.T. Case No.113 of 2023 is quashed so far as it relates to issuance of N.B.W. against the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the court in seisin over the matter and move for bail within a period of fifteen days.

Key takeaways

On the petitioner's surrender and bail application, the court in seisin shall release him on bail with stringent conditions so as to enable him to appear before the court on each date of posting of the case.ratio¶23
In addition, the petitioner shall deposit Rs.500/- as cost for violating the court's order; the amount is to be deposited with the Bar Association Welfare Fund, Athagarh for purchasing library books, and the receipt of the deposit is to be presented before the court in seisin over the matter.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, CRLMC No. 204 of 2026 (Dr. Sanjeeb K Panigrahi, J., decided 20.01.2026): Quashes the N.B.W. issued on 31.10.2025 by the Additional Sessions Judge, Athagarh in S.T. Case No.113 of 2023 (arising out of Khuntuni P.S. Case No.55 of 2016) against petitioner Kalia @ Kanhu Charan Mohanty, who was on bail and missed a single posting date owing to a communication gap with his conducting counsel. Petitioner directed to surrender before the court in seisin and move for bail within fifteen days; on surrender, the said court to release him on bail with stringent conditions ensuring attendance on every posting date. Petitioner additionally to deposit Rs.500/- as cost for violating the court's order, earmarked for the Bar Association Welfare Fund, Athagarh for purchase of library books, receipt to be produced before the court in seisin. CRLMC disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 204 of 2026

Kalia @ Kanhu Charan Mohanty ..…... Petitioner(s)

Mr. Susanta Kumar Baral, Adv.

-Versus-

State of Odisha

……. Respondent(s)

Ms. Bijaya Laxmi Tripathy, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

20.01.2026

Order No.

01.

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 Additional Sessions Judge, Athagarh in S.T. Case No.113 of 2023, arising out of Khuntuni P.S. Case No.55 of 2016, issuing N.B.W. against him.

Learned counsel for the Petitioner submits that the Petitioner is on bail by the court below. He was regularly attending the court on each date of posting of the case. However, on 31.10.2025, the Petitioner could not remain present in court as his conducting

Signature Not Verified

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

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counsel did not take any step for his attendance due to communication gap. Hence, the learned Additional Sessions Judge, Athagarh 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 Additional Sessions Judge, Athagarh 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 Bar Association Welfare Fund, Athagarh for the purpose of purchasing library book. 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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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