Orissa High Court
CRLMC/2904/2026 of SUMANT RAJ Vs STATE OF ODISHA on 31 August 2026
of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2904 of 2026 CNR No. ODHC010543912026 Sumant Raj and others ..... Petitioners Represented by Adv. - Sasanka Sekhar Paikray -versus- State Of Odisha ..... Opposite Party Mr. D.K. Sahoo, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2904 of 2026
CNR No. ODHC010543912026
Sumant Raj and others
.....
Petitioners
Represented by Adv. -
Sasanka Sekhar Paikray
-versus-
State Of Odisha
.....
Opposite Party
Mr. D.K. Sahoo, AGA
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
31.08.2026 Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel appearing for the Petitioners and learned counsel for the State-Opposite Party. Perused the materials placed before this Court.
3. The Petitioners are aggrieved by the order dated 05.05.2026 on which date the non-bailable warrant of arrest has been issued against them by the learned Sessions Judge, Khurda in C.T. Case No.137 of 2018. Learned counsel for the Petitioners submitted that earlier the Petitioner No.1 was on bail since 27.04.2016 and the other Petitioners were on bail since 22.02.2016, after which the Petitioners were appearing before the learned Court in seisin over the matter after they were released on bail. However, on one of the dates fixed for appearance, due to communication gap with their lawyer, the Petitioners were unable to appear since no step was taken
Page 2 of 2. to represent the Petitioners by the counsel appearing for them. Thereafter, a non-bailable warrant of arrest was issued against the Petitioners. 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 such order the Petitioners have approached this Court with a prayer to quash order dated 05.05.2026.
4. 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 Petitioners, this Court deems it proper to set aside the order dated 05.05.2026 by the learned Sessions Judge, Khurda in C.T. Case No.137 of 2018, subject to payment of a cost of Rs.500/- by each of the Petitioners to the Advocates’ Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. Further, it is directed that the Petitioners shall appear before the court in seisin over the matter within ten days from today along with a copy of today’s order and shall continue to participate in the proceeding without any further default. In the event, the Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.
5. In such view of the matter, the CRLMC is allowed.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2026 19:11:54 Signature Not Verified