Ashok Kumar Yadav Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Ashok Kumar Yadav Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the order dated 16.05.2025 of the learned Sessions Judge, Jharsuguda so far as it issued N.B.W(A) against the Petitioners; Petitioners to surrender before the court in seisin and move for bail within fifteen days, to be released on bail with stringent conditions; each Petitioner to deposit Rs.1000/- as cost for violating the court's order, payable to the Jharsuguda Bar Association Welfare Fund, with the deposit receipt to be presented before the court in seisin.

Issue for consideration

Whether the N.B.W(A) issued against the Petitioners by the order dated 16.05.2025 of the learned Sessions Judge, Jharsuguda in S.T Case No.36 of 2007 should be quashed.

Court's answer

This Court allowed the CRLMC and quashed the order dated 16.05.2025 passed by the learned Sessions Judge, Jharsuguda so far as it relates to issuance of N.B.W(A) against the Petitioners.

Ratio / Principle

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

Key takeaways

Each Petitioner shall deposit a sum of Rs.1000/- (Rupees One Thousand only) as cost for violating the court's order.ratio¶19
The said cost amount shall be deposited with the Jharsuguda Bar Association Welfare Fund for the purpose of utilizing it for purchasing books for the Bar library.ratio¶23

Detailed headnote1 paragraphs

CRLMC No. 684 of 2026 — High Court of Orissa at Cuttack — Dr. Sanjeeb K Panigrahi, J. — 24.03.2026. Petitioners (Ashok Kumar Yadav & Ors.), earlier on bail in S.T Case No.36 of 2007 vide orders of 13.09.2004, 13.12.2004, 13.01.2005, 09.09.2004, 19.11.2004 and 09.09.2004 of the court below and regular in attendance, failed to appear on 16.05.2025 owing to a communication gap with their conducting counsel, whereupon the learned Sessions Judge, Jharsuguda issued N.B.W(A) against them on 16.05.2025. Assailing that issuance through this CRLMC, and undertaking to cooperate till the end of the trial and appear on each date of posting without fail (failing which fresh N.B.W(A) would issue), the Petitioners obtained quashing of the order dated 16.05.2025 so far as it related to issuance of N.B.W(A) against them. They were directed to surrender before the court in seisin and move for bail within fifteen days, upon which the court in seisin was to release them on bail with stringent conditions securing appearance on each date of posting; each Petitioner was additionally to deposit Rs.1000/- (Rupees One Thousand only) as cost for violating the court's order, the amount to be deposited with the Jharsuguda Bar Association Welfare Fund for purchasing books for the Bar library, the deposit receipt to be presented before the court in seisin. CRLMC disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 684 of 2026

Ashok Kumar Yadav & ..... Petitioner(s) Ors. Mr. L. N. Patel, Advocate -Versus-

…. State of Odisha Opposite Party (s) Mr. Raj Bhusan Dash, ASC

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

24.03.2026

Order No.

1. This matter is taken up through hybrid arrangement.

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

3. The Petitioners have filed this CRLMC assailing the order dated 16.05.2025 passed by the learned Sessions Judge, Jharsuguda in connection with S.T Case No.36 of 2007, issuing N.B.W(A) against them.

4. Learned counsel for the Petitioners submits that the petitioners were earlier on bail vide order dated 13.09.2004, 13.12.2004, 13.01.2005, 09.09.2004, 19.11.2004 and 09.09.2004 respectively passed by the court below. They were regularly attending the court on each date of posting of the case. However,

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 24-Mar-2026 17:27:45

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on 16.05.2025, the petitioners 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 Sessions Judge, Jharsuguda, issued N.B.W (A) against them. He further submits that the Petitioners undertake that they 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 them.

5. In view of such facts and submissions made by the learned counsel for the Petitioners, this Court is inclined to allow the CRLMC. Accordingly, the order dated 16.05.2025 passed by the learned Sessions Judge, Jharsuguda in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioners, is hereby quashed.

6. The Petitioners are 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 them on bail with some stringent conditions so as to enable them to appear before the court on each date of posting of the case. In addition, each of the Petitioner shall deposit a sum of Rs.1000/(Rupees One Thousand only) as cost for violating the court’s order.

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 24-Mar-2026 17:27:45

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The said amount shall be deposited with the Jharsuguda Bar Association Welfare Fund for the purpose of utilizing the said amount for purchasing books for the Bar library. The copy of the receipt of the said deposit shall be presented before the court in seisin over the matter.

7. 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: 24-Mar-2026 17:27:45