Nasima Khatun v. State of Odisha
Case at a glance
Key paragraphs
- Para 66. Accordingly, this CRLMC is disposed of. Issue urgent certified copy of this order as per
Judgment
Ms. Gayatri Patra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01.
#1. ORDER 29.06.2026 This matter taken up through hybrid arrangement.
#2. By filing the present CRLMC, the Petitioner has prayed for quashing the order dated 26.09.2022 passed by the learned J.M.F.C., Tirtol in G.R. Case No. 665(A) of 2017, whereby a Non-Bailable Warrant (NBW) was issued against her.
#3. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State.
#4. Learned counsel for the Petitioner submits that the Petitioner was granted bail vide order dated 10.07.2017 and had been regularly appearing before the learned trial Court on each date fixed in the case. However, on
26.09.2022, she could not remain present before the Court failure of the conducting counsel communicate the date of posting. Consequently, the learned Court in seisin of the matter issued a Non-Bailable Warrant (NBW) against her. It is further submitted that the absence of the Petitioner was neither deliberate nor intentional and that she undertakes to appear before the learned Court on each and every date of posting, to cooperate with the trial and not to seek any unnecessary adjournment.
#5. Considering the submissions made and taking note of the fact that the Non-Bailable Warrant has remained pending since 26.09.2022, while also noticing that the Petitioner did not take any effective steps for a considerable period thereafter, this Court is not inclined to quash the impugned order. However, in the interest of justice, the Petitioner is directed to surrender before the learned Court in seisin of the matter in G.R. Case No. 665(A) of 2017 within a period of one week from the date of this order and move an application for recall of the Non- Bailable Warrant as well as for bail. Upon such application being filed, the learned Court below shall release the Petitioner on bail and keeping in view the Petitioner’s previous conduct, the explanation offered for her absence.
#6. Accordingly, this CRLMC is disposed of. Issue urgent certified copy of this order as per
#7. Rules. Judge (Dr. Sanjeeb K Panigrahi) Sipun
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.