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Rahim Khan v. State of Odisha

Orissa HC8 Apr 2026CRLMC/909/2026

Case brief

AI extract

What is this about?

CRLMC 909/2026; High Court of Orissa; Dr. Sanjeeb K Panigrahi; Rahim Khan v. State of Odisha; waiver of solvent surety condition; Rs. 1,00,000 indemnity bond; vehicle seizure; Registration No. OD-07-0215; Sections 4(i) MMDR Act 1957; Rule 51(1)(ii) OMMC Rule 2016; Section 503 BNSS; J.M.F.C. Ranpur order dated 02.02.2026; Crl. Misc. Case No.06 of 2026; 2(c) CC Case No. 02 of 2026; P.R No. 165/2025-2026; conditions unaltered; CRLMC disposed.

What did the court decide?

Waiver of the condition of furnishing one solvent surety of Rs.1,00,000/- imposed by the learned J.M.F.C., Ranpur vide order dated 02.02.2026 in Crl. Misc. Case No.06 of 2026; other conditions in that order remain unaltered; CRLMC disposed of. ¶30

Rahim Khan Vs State of Odisha — Mining and Natural Resources | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the condition imposed by the learned J.M.F.C., Ranpur (order dated 02.02.2026 in Crl. Misc. Case No.06 of 2026) requiring the petitioner to furnish Rs.1,00,000/- as indemnity bond with one solvent surety of Rs.1,00,000/-, while releasing his seized vehicle, should be waived, given the petitioner's inability to furnish a solvent surety of that amount.

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Court's answer

Considering the submission made by the learned counsel for the petitioner, the condition imposed, i.e. one solvent surety of Rs.1,00,000/- vide the J.M.F.C., Ranpur's order dated 02.02.2026 in Crl. Misc. Case No.06 of 2026, is waived; all other conditions imposed in the said order shall remain unaltered.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (single Bench, Dr. Justice Sanjeeb K Panigrahi), CRLMC No. 909 of 2026, decision dated 08.04.2026. Rahim Khan sought waiver of the conditions imposed by the learned J.M.F.C., Ranpur vide order dated 02.02.2026 in Criminal Misc. Case No.06 of 2026 (arising out of 2(c) CC Case No. 02 of 2026, corresponding P.R No. 165/2025-2026), namely furnishing Rs. 1,00,000/- as indemnity bond with one solvent surety of Rs. 1,00,000/-, imposed while releasing the petitioner's vehicle (Registration No.OD-07-0215) seized for alleged offences under Sections 4(i) MMDR Act, 1957 and Rule 51 (1)(ii) of OMMC Rule, 2016; the release had been sought through an application under Section 503 of the BNSS. Counsel submitted the petitioner was willing to fulfil all conditions except the solvent surety, which he could not furnish. The Court waived the solvent surety condition, held all other conditions imposed in the JMFC's order unaltered, and disposed of the CRLMC.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 909 of 2026

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Rahim Khan

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..…... Petitioner(s)

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Mr. Suryakanta Dwibedi, Adv.

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-Versus-

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State of Odisha

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

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

08.04.2026

Order No.

This matter is taken up through hybrid arrangement.

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The present CRLMC has been filed by the Petitioner with the following prayer:

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“It is therefore most humbly prayed that this Hon'ble Court may graciously be pleased to admit this CRLMC application, call for the records and after hearing of the parties allow this application and thereby waive out the conditions as imposed by the learned J.M.F.C., Ranpur vide order dated 02.02.2026 in Criminal Misc. Case No.06 of 2026 arising out of 2(c) CC Case No. 02 of 2026 corresponding P.R No. 165/2025-2026 so far as it relates furnishing Rs. 1,00,000/- as indemnity bond with one solvent surety of 1,00,000/- (One Lakh Only) for the greater interest of the justice.

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And pass any other order(s) direction(s) as this Hon'ble Court may deem fit and proper.”

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Heard learned counsel for the parties.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Apr-2026 11:22:04

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Learned counsel for the Petitioner submits that the vehicle of the Petitioner bearing Registration No.OD-07-0215 was seized in connection with 2(c)CC Case No.02 of 2026, corresponding to P.R. No.165/2025-2026 for commission of the alleged offences under Sections 4(i) MMDR Act, 1957 and Rule 51 (1)(ii) of OMMC Rule, 2016.

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Learned counsel for the Petitioner further submits that the Petitioner had filed an application under Section 503 of the BNSS vides Misc. Case No.06 of 2026 before the learned J.M.F.C., Ranpur for releasing the vehicle in his favour. He further submits that while allowing the petition, the learned J.M.F.C., Ranpur imposed the condition to the effect that the Petitioner shall furnish Rs.1,00,000/- as indemnity bond with one solvent surety of Rs.1,00,000/- .

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Learned counsel for the Petitioner further contends that the Petitioner is ready and willing to fulfill all the conditions imposed by the learned J.M.F.C., Ranpur except the condition to furnish Rs.1,00,000/- as indemnity bond with one solvent surety of Rs.1,00,000/-. The Petitioner is not able to furnish solvent surety of Rs.1,00,000/- . Hence, the same may be waived.

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Signature Not Verified

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In such view of the matter and considering the submission made by the learned counsel for the Petitioner, this Court is of the view that the condition imposed i.e. one solvent surety of Rs.1,00,000/vide order dated 02.02.2026 passed by the learned J.M.F.C.,

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 10-Apr-2026 11:22:04

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Ranpur in Crl. Misc. Case No.06 of 2026 is waived. Other conditions imposed in the said order shall remain unaltered.

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