Indian Kanoon - Search engine for Indian Law

Orissa High Court

Mangulu Rout vs State Of Odisha on 27 November, 2025

Bench: S.K. Sahoo, Chittaranjan Dash

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   CRLA No.95 of 2005
                                   Mangulu Rout                             ....        Appellant

                                                          None

                                                                 -versus-
                                   State of Odisha                          ....     Respondent

                                                          Mr. Partha Sarathi Nayak,
                                                          Addl. Govt. Advocate

                                                   CORAM:
                                       HON'BLE MR. JUSTICE S.K. SAHOO
                                    HON'BLE MR. JUSTICE CHITTARANJAN DASH
                                                   ORDER

     Order No.                                   27.11.2025

               11.                        This   matter     is     taken     up   through      Hybrid

arrangement (video conferencing/physical mode).

None appears for the appellant at the time of call. As per the order dated 25.11.2025, learned counsel for the State has produced the report dated 24.11.2025 received from the Superintendent, District Jail, Sundargarh, which indicates that the appellant Mangulu Rout was released on parole leave for a period of thirty days w.e.f. 27.06.2007 to 26.07.2007 as per Prisons Directorate letter no.1002 dated 16.06.2007 and he was instructed to surrender himself before the jail on 27.07.2007, however, the appellant did not surrender at District Jail, Sundargarh nor recapture till date.

Signed by: RAJESH KUMAR BADHEI Reason: Authentication In the said report, one F.I.R. has been annexed, Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Nov-2025 16:56:38 which was lodged before the I.I.C., Rajgangpur police station, Dist-Sundargarh on 25.11.2025, for which Page 1 of 5 Rajgangpur P.S. case no.624 of 2025 was registered under section 224 of the I.P.C.

Another report dated 26.11.2025 has also been submitted by the Superintendent, District Jail, Sundargarh, wherein it is mentioned that after the parole leave for thirty days, when the appellant did not surrender on 27.07.2007, a wireless message was sent to the I.I.C., Rajgangpur police station on 28.07.2007 regarding the non-surrender of the appellant and request was made to take necessary steps to recapture him. It is further mentioned in the said report that Dharmendra Kumar Naik, CCT (Clerk -cum- Typist) of District Jail, Sundargarh (Welfare Services) was deputed to the village of the appellant to contact the family members of the appellant. It is further mentioned in the report that on 02.08.2007, the Superintendent, District Jail, Sundargarh requested to the I.I.C., Town police station, Sundargarh to file an F.I.R. regarding non-surrender of the appellant and to recapture him. Again on 14.08.2007, another wireless message was sent to the I.I.C., Rajgangpur police station to inform regarding the steps taken to recapture the appellant and then on 24.11.2025, a letter was sent to the I.I.C., Rajgangpur police station to recapture the appellant and accordingly, an F.I.R. was registered on 25.11.2025. On 24.11.2025, the Superintendent, District Jail, Sundargarh also requested to the learned trial Court to take necessary Page 2 of 5 steps as per law to recapture the appellant.

In another letter dated 26.11.2025, it has been mentioned that the appellant was recaptured on 26.11.2025, who was absconding from 27.06.2007 till 25.11.2025 after availing the parole leave.

The reports are taken on record.

The Superintendent, District Jail, Sundargarh has ensured the appearance of the appellant Mangulu Rout through virtual mode.

We made query to the appellant as to where he was staying after being released on parole leave and what was his avocation? He states that he was staying in his village Tarakara under Rajgangpur police station in the District of Sundargarh with his family and he was doing labour work. When we made a further query to the appellant as to whether at point of time, Rajgangpur police approached him in connection with the case, the answer was also in affirmative. It was told to us by the appellant that he was intimated by the police that warrant has been issued against him.

The entire scenario shows that after being released on parole leave for thirty days, the appellant was all along available in the village as per his statement and he was staying with his family and doing labour work and did not surrender after the leave period. Even though intimations were sent by the jail authorities to the I.I.C., Rajgangpur police station regarding non-surrender of the appellant and request Page 3 of 5 was made to recapture him, but the same was not done. Ultimately, when this Court while dealing with criminal appeals in which similar things have happened, drew the attention of the D.G. of Prisons, it seems that the first information report was lodged only on 25.11.2025 and the appellant was recaptured on the very next day i.e. 26.11.2025. This is a sheer negligence on the part of the authorities in not taking effective steps to recapture the appellant, who was all along available in the village and flouted the terms and conditions of parole leave.

Let an inquiry be conducted by the D.G. of Prisons on this aspect as to who was responsible for the laches in not apprehending of the appellant for more than eighteen years. If the laches is found out, this Court expects that appropriate action shall be taken against the erring officials with intimation to this Court.

When we asked the appellant as to whether he is interested to engage another counsel since his counsel is not appearing in the Court, he stated that an advocate from the Panel of High Court Legal Services Authority be engaged for him.

Accordingly, we engage Mr. Purna Chandra Das, Advocate (Enrolment No.O-104/1987, Mobile No.9778948517) as an Advocate for the appellant.

Registry is directed to intimate the appellant about the engagement of the counsel.

The name of Mr. Purna Chandra Das, learned counsel for the appellant be reflected in the cause list as well as on the top of the brief henceforth.

Let a copy of the paper book along with the order passed today be supplied to the learned counsel for the appellant.

If the learned counsel for the appellant wants to interact with the appellant to know about the case matters, the necessary arrangement shall be made by the Registry through virtual mode.

List this matter on 23.12.2025.

A free copy of the order be handed over to the learned counsel for the State.

( S.K. Sahoo) Judge (Chittaranjan Dash) Judge Rajesh Page 5 of 5