Orissa High Court
CRLMC/2907/2026 of AYUSMITA SETHY Vs STATE OF ODISHA on 25 August 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2907 of 2026 CNR No. ODHC010550222026 Ayusmita Sethy ..... Petitioner Represented by Adv. - Deepti Ranjan Jena -versus- State Of Odisha ..... Opposite Party Mr. U.R. Jena, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2907 of 2026
CNR No. ODHC010550222026
Ayusmita Sethy
.....
Petitioner
Represented by Adv. -
Deepti Ranjan Jena
-versus-
State Of Odisha
.....
Opposite Party
Mr. U.R. Jena, AGA
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
25.08.2026 Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as the learned counsel for the State. Perused the CRLMC application as well as the prayer made therein.
3. The Petitioner, who is accused in G.R. (G.N.) No.337 of 2018, now pending in the Court of learned S.D.J.M., Anandapur which corresponds to Ghasipura P.S. Case No.204 of 2018, has approached this Court with a prayer for quashing of the order issuing NBW dated 20.06.2026.
4. Learned counsel for the Petitioner, at the outset, contended That the Petitioner has been arrayed as an accused in Ghasipura P.S. Case No.204 of 2018 for alleged commission of offence punishable under Sections 420 & 34 of IPC. He further contended that earlier the Petitioner had approached this Court by filing ABLAPL No.294
of 2026. A Coordinate Bench of this Court, vide order dated 16.01.2026, disposed of the said bail application by directing the Petitioner to surrender and go on bail subject to the terms and conditions mentioned in the said order. Learned counsel for the Petitioner, at this juncture, contended that as per the terms and conditions laid down by the Coordinate Bench, the Petitioner was to pay a sum of Rs.2,00,000/- to the Informant. He further submitted that initially there was some delay in arranging the money, but, in the meantime, the amount has already been paid to the Informant. However, due to such delay the Petitioner could not surrender before the learned trial court and take advantage of order dated 16.01.2026. In the meantime, the learned trial court has issued an NBW against the present Petitioner vide order dated 20.06.2026, at Annexure-6. Learned counsel for the Petitioner further submitted that the delay on the part of the Petitioner to take advantage of order dated 16.01.2026 permitting the Petitioner to surrender and go on bail is neither deliberate nor intentional, instead, it is due to delay in arranging the money. On such ground, learned counsel for the Petitioner contended that the order issuing NBW dated 20.06.2026 at Annexure-6, be set aside and the Petitioner be granted an opportunity to surrender before the court below and take advantage of the order of the learned Coordinate Bench dated 16.01.2026.
5. Learned counsel for the State, on the other hand, objected to the prayer made in the present application on the ground that the Petitioner has made a default and he has not surrendered as directed by the learned Coordinate Bench in ABLAPL No.294 of 2026. In such view of the matter, learned counsel for the State contended that the application being devoid of merit, is liable to be dismissed.
6. Considering the submissions made by the learned counsels appearing for both sides, further on a careful examination of the background facts and upon a close scrutiny of the order dated 26.06.2026 at Annexure-6, this Court found that the learned trial court has issued an NBW against the present Petitioner as the Petitioner failed to produce the money receipt showing payment of the amount as has been indicated in order dated 16.01.2026, passed in ABLAPL No.294 of 2026. Since the Petitioner claims that he has already paid the money and he has already obtained the receipt, this Court is inclined to grant another opportunity to the Petitioner. Accordingly, order dated 26.06.2026, at Annexure-6, passed in G.R. (G.N.) Case No.337 of 2018, is modified to the extent that the Petitioner shall furnish the receipts within two weeks from today. Subject to verification of such receipts, the learned trial court is given liberty to recall order dated 26.06.2026, failing which it is open to the learned trial court to take necessary coercive action against the Petitioner. It is further directed that the NBW issued vide order dated 26.06.2026 shall not be given effect to for a period of three weeks.
7. With the aforesaid observation/direction, the CRLMC application stands disposed of.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2026 17:03:31 Signature Not Verified