Orissa High Court
CRLMC/3156/2026 of BISWAJIT JENA @ HUNDA JENA Vs STATE OF ODISHA on 8 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3156 of 2026 CNR No. ODHC010634572026 Biswajit Jena @ Hunda Jena ..... Petitioner Represented by Adv. – Mr. Subodh Kumar Mohanty -versus- State of Odisha ..... Opposite Parties Represented by Adv. – Mr. U.R. Jena, AGA CORAM: MR.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3156 of 2026
CNR No. ODHC010634572026
Biswajit Jena @ Hunda Jena
.....
Petitioner
Represented by Adv. –
Mr. Subodh Kumar
Mohanty
-versus-
State of Odisha
.....
Opposite Parties
Represented by Adv. –
Mr. U.R. Jena, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
08.09.2026 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. The Petitioner being aggrieved by the order dated 09.12.2024 whereby an NBW of arrest has been issued against him by the learned J.M.F.C., Daspalla in G.R. Case No.20 of 2013, has approached this Court by filing the instant application with a prayer to quash such order.
4. Learned counsel for the Petitioner submitted that initially the Petitioner was on bail on 19.02.2013. He further submits that since the date of his release on bail the Petitioner was appearing before the court in seisin over the matter. However, on the date fixed for appearance before the court in seisin over the matter, due to communication gap with his lawyer, the Petitioner could not able to appear before the court in seisin over the matter and no step was taken on his behalf. Therefore, a non-bailable warrant of arrest was issued against the Petitioner. It was further contended that for the laches on the part of the counsel, the party should not be allowed to suffer. Therefore, being aggrieved by order dated 09.12.2024, the Petitioner has approached this Court with a prayer to quash the same.
5. On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioner, this Court deems it proper to set aside the order dated 09.12.2024 passed by the learned J.M.F.C., Daspalla in G.R. Case No.20 of 2013, subject to payment of cost of Rs.1,500/- (Rupees one thousand five hundred) by the Petitioner to the Advocates' Welfare Fund of Local Bar Association within three weeks and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner shall appear before the court in seisin over the matter within three weeks from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner makes any further default in appearance, it is open to the court in seisin over the matter to take necessary coercive steps against the Petitioner. The aforesaid order shall be subject to the condition that the trial court shall verify the fact as to whether the Petitioner was earlier released on bail. In the event the Petitioner was released on bail, then this order would stand, otherwise this order be automatically revoked.
6. The CRLMC is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge Debasis
Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Sep-2026 15:09:36 Signature Not Verified