Tulasiram Harijan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Tulasiram Harijan Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the N.B.W(A) issued against the petitioner on 16.09.2025; direction to surrender before the court in seisin and move for fresh bail within fifteen days, to be released on bail with stringent conditions; imposition of Rs.500/- as cost for violating the court's order, payable to the Nabarangpur Bar Association Welfare Fund for purchasing books for the Bar library, with the deposit receipt to be presented before the trial court.

Issue for consideration

Whether the N.B.W(A) issued against the petitioner on 16.09.2025 by the learned Additional Sessions Judge-cum-Special Judge, Nabarangpur in connection with Kosagumuda P.S. Case No.92 of 2021 should be quashed, and on what terms the petitioner may be restored to bail and regular attendance.

Court's answer

The order dated 16.09.2025 passed by the learned Additional Sessions Judge-cum-Special Judge, Nabarangpur is quashed so far as it relates to issuance of N.B.W(A) against the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the court in seisin over the matter and move for bail within fifteen days; on such surrender, that court 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.

Key takeaways

The petitioner shall deposit Rs.500/- as cost for violating the court's order; the amount is to be deposited with the Nabarangpur Bar Association Welfare Fund for purchasing books for the Bar library, and the copy of the receipt of the deposit shall be presented before the court in seisin over the matter.ratio¶¶24

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Dr. Sanjeeb K Panigrahi, J.) — CRLMC No.994 of 2026, decided 06.04.2026. The petitioner, on bail since 13.09.2022 in connection with Kosagumuda P.S. Case No.92 of 2021, failed to appear before the learned Additional Sessions Judge-cum-Special Judge, Nabarangpur on 16.09.2025 — attributed by his counsel to a communication gap — whereupon an N.B.W(A) was issued against him. This Court quashed the order dated 16.09.2025 so far as it related to issuance of the N.B.W(A), directed the petitioner to surrender before the court in seisin and move for bail within fifteen days, with release on stringent conditions ensuring attendance on each date of posting, and imposed Rs.500/- as cost for violating the court's order, payable to the Nabarangpur 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.994 of 2026

Tulasiram Harijan

…... Petitioner(s)

Mr. Rajib Lochan Pattnaik,

Advocate

-Versus-

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

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

06.04.2026

Order No.

1. This matter is taken up through hybrid arrangement.

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

3. The petitioner has filed this CRLMC assailing the order dated 16.09.2025 passed by the learned Additional Sessions Judge-cumSpecial Judge, Nabarangpur in connection with Kosagumuda P.S. Case No.92 of 2021 issuing N.B.W(A) against him.

4. Learned counsel for the Petitioner submits that the petitioner was earlier on bail vide order dated 13.09.2022 by the court below. He was regularly attending the court on each date of posting of the case. However, on 16.09.2025, the petitioner could not remain present in

court as his conducting counsel did not take any step for his Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Apr-2026 17:49:03

2

attendance due to communication gap. Hence, the learned Additional Sessions Judge-cum-Special Judge, Nabarangpur issued N.B.W (A) 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 (A) shall be issued against him.

5. Learned counsel for the State strongly object the release of the Petitioner on bail.

6. 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 16.09.2025 passed by the learned Additional Sessions Judge-cum-Special Judge, Nabarangpur in the aforesaid case, so far it relates to issuance of N.B.W(A) against the petitioner, is hereby quashed.

7. 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 Nabarangpur Bar Association Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 06-Apr-2026 17:49:03

3

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.

8. 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: 06-Apr-2026 17:49:03