Jagan Mohapatra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Jagan Mohapatra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the N.B.W.-issuing portion of the order dated 13.01.2026 of the Special Court, Dhenkanal; direction to the petitioner to surrender and move for bail within fifteen days, to be released on bail with stringent conditions ensuring attendance on each posting date; and imposition of Rs.500/- cost payable to the Dhenkanal Bar Association Welfare Fund for the Bar library, with the deposit receipt to be shown to the court in seisin.

Issue for consideration

Whether the non-bailable warrant issued against the petitioner pursuant to the order dated 13.01.2026 of the Judge, Special Court, Dhenkanal in C.T.(Special) Case No.11 of 2022 should be quashed. +1 more

Court's answer

The order dated 13.01.2026 passed by the learned Judge, Special Court, Dhenkanal is quashed so far as it relates to issuance of the N.B.W. against the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the court in seisin and move for bail within fifteen days; on such surrender, the court shall release him on bail with stringent conditions enabling his appearance on each date of posting of the case.

Key takeaways

The petitioner shall deposit Rs.500/- as cost for violating the court's order, to be paid into the Dhenkanal Bar Association Welfare Fund for purchasing books for the Bar library, with the deposit receipt presented before the court in seisin.ratio¶24

Detailed headnote1 paragraphs

CRLMC No. 849 of 2026, High Court of Orissa at Cuttack (Dr. Sanjeeb K Panigrahi, J.), decided 20.03.2026 — Quashing of N.B.W.; restoration of bail. The Court quashed, so far as it related to issuance of a non-bailable warrant (N.B.W.) against the petitioner, the order dated 13.01.2026 passed by the Judge, Special Court, Dhenkanal in C.T.(Special) Case No.11 of 2022. The petitioner, though on police bail and regularly attending every posting date, had been absent on 13.01.2026 owing to a communication gap with his conducting counsel; he undertook to cooperate till the end of the trial and to appear on each posting date without fail, failing which fresh N.B.W. would issue. Directing that the CRLMC be allowed, the Court ordered the petitioner to surrender before the court in seisin and move for bail within fifteen days, on which event he was to be released on bail with stringent conditions enabling his appearance on each date of posting. A cost of Rs.500/- (Rupees five hundred only) was imposed for violating the court's order, to be deposited with the Dhenkanal Bar Association Welfare Fund for purchasing books for the Bar library, the deposit receipt to be presented before the court in seisin. The CRLMC was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 849 of 2026

Jagan Mohapatra

..…... Petitioner(s)

Mr. Anugraha Narayan Samantray, Adv.

-Versus-

State of Odisha

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

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

20.03.2026

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 challenging the order dated 13.01.2026 passed by the learned Judge Special Court, Dhenkanal in C.T.(Special) Case No.11 of 2022, issuing N.B.W. against him.

Signature Not Verified

Learned counsel for the Petitioner submits that the Petitioner is on bail by the police. He was regularly attending the court on each date of posting of the case. However, on 13.01.2026, the 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 court in seisin over the matter issued N.B.W. against him. He further submits that the Petitioner undertakes that he will cooperate till the end of the trial

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 20-Mar-2026 17:15:48

2

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 13.01.2026 passed by the learned Judge Special Court, Dhenkanal 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 Dhenkanal, 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.

Accordingly, the CRLMC is disposed of.

Signature Not Verified

( Dr. Sanjeeb K Panigrahi) Judge

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Judge Murmu Date: 20-Mar-2026 17:15:48