Manish Agarwal vs State Of Odisha ……. Opposite Party … on 26 March, 2026

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    Orissa High Court

    Manish Agarwal vs State Of Odisha ……. Opposite Party … on 26 March, 2026

    Author: Sanjeeb K Panigrahi

    Bench: Sanjeeb K Panigrahi

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLMC No.949 of 2026
                 Manish Agarwal        .........                  Petitioner(s)
                                                       Mr. Abinash Routray,
                                                                   Advocate
                                       -Versus-
                 State of Odisha        .......               Opposite Party (s)
                                                    Mr. Debasish Nayak, AGA
    
                           CORAM:
                           DR. JUSTICE SANJEEB K PANIGRAHI
    
                                      ORDER
    

    26.03.2026
    Order No.

    01.

    SPONSORED

    1. This matter is taken up through hybrid arrangement.

    2. Heard Learned Counsel for the Parties and perused the

    documents placed before this Court, specifically, the impugned order

    dated 14.10.2025 passed by the learned Additional Sessions Judge,

    Malkangiri in CT Case No. 85 of 2025, the order dated 22.07.2025 of

    the Supreme Court in SLP (Criminal) No. 7877 of 2025, and the High

    Court of Orissa (Video Conferencing) Rules, 2025.

    3. The facts, briefly stated, are these. The petitioner stands accused

    of offences under Sections 306/120-B/34 of the Indian Penal Code in

    CT Case No. 85 of 2025 pending before the learned Additional

    Sessions Judge, Malkangiri. In connection with this case, the
    Signature Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
    2

    petitioner approached the Supreme Court in SLP (Criminal) No. 7877

    of 2025. By order dated 22.07.2025, the Court granted an anticipatory

    bail to the petitioner, subject to the condition that he “shall remain

    present before the trial Court on each date of hearing.” Since July 2025, the

    petitioner has complied with this condition and has appeared on

    every date fixed by the trial Court.

    4. The petitioner presently serves as Registrar of Cooperative

    Societies, Odisha, stationed at Bhubaneswar. The seat of trial at

    Malkangiri lies approximately 650 kilometres from Bhubaneswar.

    The terrain and connectivity between the two places are such that

    each round trip consumes two to three working days. In view of this

    practical difficulty, and relying upon the High Court of Orissa (Video

    Conferencing) Rules, 2025, the petitioner moved an application

    before the trial Court seeking permission to appear through video

    conferencing. The learned trial Court, by the impugned order dated

    14.10.2025, rejected the said application, holding in effect that the

    condition imposed by the Supreme Court required physical presence

    and could not be satisfied through virtual appearance.

    5. The narrow question for consideration is whether the condition

    imposed by the Supreme Court that the petitioner shall remain

    present before the trial Court on each date of hearing requires

    physical presence in the courtroom, or whether appearance through
    Signature Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
    3

    video conferencing, as permitted under the applicable Rules and

    statutory provisions, constitutes valid legal presence sufficient to

    comply with the condition.

    6. Before considering what is meant by “presence,” it is necessary to

    first clarify what is meant by the “Court” before which the petitioner

    is required to remain present.

    7. In common understanding, the word “court” brings to mind a

    physical space, a dais, a witness box, rows of benches, and court staff

    attending to proceedings. For a long time, a court was understood in

    precisely these terms, as a place where the sovereign or the

    sovereign’s representative administered justice. The physical setting

    and the institution were closely identified, and it was difficult to

    separate one from the other.

    8. The law, however, does not equate a court with its physical

    setting. In the legal sense, a court is the exercise of judicial power by

    a duly constituted authority within its jurisdiction. It is the Judge,

    acting within the scope of that authority, who constitutes the court,

    while the building merely provides a venue. Even where proceedings

    are conducted outside a conventional courtroom, such as during

    emergencies, their judicial character and binding nature remain

    unaffected. The court is therefore defined by the authority of the

    presiding officer, not by the physical location of the courtroom.
    Signature Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    9. This understanding has now been codified. Rule 2(d) of the High

    Court of Orissa (Video Conferencing) Rules, 2025 defines “Court”

    to include a virtual court or tribunal. The use of the word “includes”

    is deliberate and expansive. It does not replace the physical court but

    enlarges the concept to embrace the virtual. When a Judge presides

    over proceedings through a video conferencing platform sanctioned

    by the Rules, he/she is no less “the Court” than when he/she sits in

    the courtroom. The judicial authority is the same; the jurisdiction is

    the same; the power to administer oaths, record evidence, and pass

    orders is the same. Only the medium of communication has changed.

    10. The Supreme Court had occasion to consider this question, albeit

    in a different context, in Swapnil Tripathi v. Supreme Court of India1.

    The Court, while directing the live-streaming of proceedings,

    recognised that the concept of an “open court” is not confined to the

    physical courtroom. The principle of open justice, the Court

    observed, is served equally, indeed, in many ways more effectively,

    when proceedings are accessible through electronic means. The

    Court held as follows:

    “24 For lawyers and judges familiar with the cocoon of a
    physical court room, live-streaming would require
    attitudinal changes. They include the maintenance of
    order and sequencing of oral arguments. Judges in charge

    1
    (2018)Signature
    10 SCC 639 Not Verified
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    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    of their courts would have to devote attention to case
    management. But these demands are necessary incidents
    of the challenges of our time. Slow as we have been to
    adapt to the complexities of our age, it is nonetheless
    necessary for the judiciary to move apace with
    technology. By embracing technology, we would only
    promote a greater degree of confidence in the judicial
    process. Hence, the Chief Justices of the High Courts
    should be commended to consider the adoption of live-

    streaming both in the High Courts and in the district
    judiciaries in phases, commensurate with available
    resources and technical support. The High Courts would
    have to determine the modalities for doing so by framing
    appropriate rules.”

    11. If the concept of an “open court” can extend beyond physical

    walls, there is no reason in principle why the concept of “a Court”

    itself cannot.

    12. The statutory scheme points in the same direction. Even under

    the Code of Criminal Procedure, 1973, Section 317 empowered the

    Court to dispense with the personal attendance of the accused where

    such attendance was “not necessary in the interests of justice”, while

    Section 273 recognised that proceedings could lawfully continue

    even when personal attendance stood dispensed with, so long as the

    accused was represented through counsel.

    13. The Bharatiya Nagarik Suraksha Sanhita, 2023 has now placed

    the matter beyond doubt. Section 355 expressly declares that

    Signature Not Verified
    personal attendance of the accused includes attendance through
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    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    audio-video electronic means. Section 530 further provides that all

    trials, inquiries and proceedings under the Sanhita, including

    examination of complainants and witnesses, recording of evidence

    and appellate proceedings, may be held in electronic mode.

    Significantly, Section 2(a) itself assigns an expansive meaning to

    “audio-video electronic” so as to include video conferencing and

    recording of evidence. The statutory scheme, therefore, does not treat

    virtual participation as an exceptional deviation from ordinary

    procedure. On the contrary, it incorporates electronic presence into

    the procedural architecture of criminal justice itself.

    14. Thus, both under the earlier procedural law and under the

    present statutory framework, the concept of attendance before the

    Court is not confined to rigid physical presence inside the courtroom.

    What the law insists upon is effective submission to the authority

    and process of the Court. That requirement can, in an appropriate

    case, be duly satisfied through video conferencing.

    15. These provisions are not incidental as they reflect a clear

    legislative intent that the process of the court may, where

    appropriate, extend beyond a physical setting. They reflect a

    considered legislative judgment that the courtroom of the twenty-

    first century is not bounded by brick and mortar.

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    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    16. India is a vast country, and the administration of justice must

    remain alive to the realities of distance and accessibility. Justice is not

    something that is delivered only at the end of a proceeding; it must

    be present throughout its course, shaping the manner in which the

    process itself unfolds. To insist, for instance, that a party travel

    several hundred kilometres for a brief hearing of a few minutes,

    when the same purpose can be served without such burden, is to

    allow procedure to overshadow fairness. This Court cannot endorse

    such a result. It is the duty of this Court, and indeed of the judiciary

    as a whole, to ensure that participation in the trial is secured in a

    manner that is just, fair and reasonable to all.

    17. I hold, therefore, that the word “Court” as used in the condition

    of the Supreme Court’s order is capable of including both the

    physical courtroom and a virtual courtroom constituted under the

    Video Conferencing Rules. In the present statutory context, it must be

    understood in that broader sense. The condition requires the

    petitioner to be present before the trial Court, not necessarily within

    the physical premises of the Court. The distinction is material.

    18. The next step in the analysis is to ask whether appearance

    through video conferencing amounts to “presence” within the

    meaning of the bail condition. On this question, the law admits of no

    serious debate.

    Signature Not Verified

    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    19. The locus classicus is State of Maharashtra v. Praful B. Desai2.

    The two-Judge Bench, speaking through Dr. Justice A.R.

    Lakshmanan, was called upon to decide whether a witness who

    deposes through video conferencing can be said to have been

    examined “in the presence of the accused” as required by Section 273

    of the Code of Criminal Procedure, 1973. The Court’s reasoning

    deserves reproduction. At paragraphs 16-18, the Court held as

    follows:

    “Video conferencing is an advancement in science and
    technology which permits one to see, hear and talk with
    someone far away, with the same facility and ease as if he
    is present before you–i.e. in your presence. In fact,
    he/she is present before you on a screen. Except for
    touching, one can see, hear and observe as if the party is
    in the same room. In video conferencing, both parties are
    in presence of each other.”

    20. The Court went further and held as follows:

    “The submissions of Respondent’s counsel are akin to an
    argument that a person seeing through binoculars or
    telescope is not actually seeing what is happening. It is
    akin to submitting that a person seen through binoculars
    or telescope is not in the ‘presence’ of the person
    observing.”

    21. The analogy is apt and, with respect, difficult to dispute. The

    Court held that so long as the accused and or his pleader is present

    when evidence is recorded through video conferencing, such

    2
    (2003)Signature
    4 SCC 601. Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    evidence is recorded “in the presence” of the accused and satisfies

    the requirement of Section 273 of the Code of Criminal Procedure.

    The recording of such evidence, it was further held, is in accordance

    with the procedure established by law.

    22. Perhaps the most significant endorsement of virtual appearance

    in the specific context of accused persons came in Krishna Veni Nagam

    v. Harish Nagam3. There, the Supreme Court directed the use of

    video conferencing facilities in matrimonial and family law cases to

    ease the hardship of parties compelled to travel long distances for

    court appearances. At para 14, the Court observed:

    “One cannot ignore the problem faced by a husband if
    proceedings are transferred on account of genuine
    difficulties faced by the wife. The husband may find it
    difficult to contest proceedings at a place which is
    convenient to the wife. Thus, transfer is not always a
    solution acceptable to both the parties. It may be
    appropriate that available technology of video
    conferencing is used where both the parties have equal
    difficulty and there is no place which is convenient to
    both the parties. We understand that in every district in
    the country video conferencing is now available. In any
    case, wherever such facility is available, it ought to be
    fully utilized and all the High Courts ought to issue
    appropriate administrative instructions to regulate the
    use of video conferencing for certain category of cases.
    Matrimonial cases where one of the parties resides outside

    3
    (2017)Signature
    4 SCC 150 Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    court’s jurisdiction is one of such categories. Wherever
    one or both the parties make a request for use of video
    conference, proceedings may be conducted on video
    conferencing, obviating the needs of the party to appear in
    person. In several cases, this Court has directed recording
    of evidence by video conferencing.”

    23. The principle that emerges is clear. The law recognises that a

    person appearing through video conferencing is, for all legal

    purposes, present before the court. The person can see and hear the

    Judge, and can address the Court in real time. The authority of the

    Court extends equally to such appearance as it does to one made in

    person. What the law requires is submission to the Court’s process,

    not physical presence within the courtroom.

    24. The learned Additional Sessions Judge rejected the petitioner’s

    application on the view that the condition of remaining present

    before the trial Court requires physical presence. This view is

    untenable. It overlooks the Video Conferencing Rules, 2025, which

    permit appearance through electronic means at all stages, and is

    contrary to settled precedents that recognise such appearance as

    valid presence before the Court. While permission may be declined

    on facts, it cannot be rejected as a matter of principle. A proper

    reading therefore requires that “presence before the Court” includes

    virtual presence where permitted.

    Signature Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    25. The purpose of requiring the accused to remain present on each

    date is to secure his availability and cooperation with the trial, not to

    impose a burden before conviction. In the present case, the petitioner,

    serving as Registrar of Cooperative Societies, Odisha, is required to

    travel from Bhubaneswar to Malkangiri, a distance of about 650

    kilometres, resulting in the loss of two to three working days for each

    hearing.

    26. There is a clear irony in this arrangement. The State, which

    prosecutes the petitioner, is at the same time his employer, and it is

    the State itself that bears the consequence of his repeated absence

    from official duties. Such disruption serves no useful purpose when

    the object of the condition is merely to ensure participation in the

    trial. That object can be fully achieved, and far more efficiently, by

    permitting the petitioner to appear through video conferencing.

    27. This unnecessarily affects the petitioner and also disrupts public

    administration, as the State, which is prosecuting him, is also

    deprived of his services. Where the object of the condition is to secure

    participation in the trial, that purpose can be equally achieved, and

    more efficiently, by permitting appearance through video

    conferencing.

    28. The petitioner does not seek exemption from appearance. He has

    complied with the condition imposed by the Supreme Court and
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    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
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    continues to do so. What he seeks is permission to remain present

    through a mode recognised by law. The distinction is important.

    Appearance through video conferencing is not absence but presence

    in a different form, where the petitioner remains before the Court,

    subject to its authority, responsive to its directions, and fully within

    its control.

    29. In this view of the matter, the condition of remaining present

    before the trial Court cannot be read as insisting on physical

    attendance in every case. The requirement is satisfied so long as the

    petitioner is before the Court in a manner recognised by law, able to

    participate in the proceedings and subject to its authority. Where

    such presence is secured through video conferencing, with the

    permission of the Court, the condition stands complied with.

    30. For the foregoing reasons, the CRLMC is allowed. The impugned

    order dated 14.10.2025 passed by the learned Additional Sessions

    Judge, Malkangiri in CT Case No. 85 of 2025 is hereby set aside.

    31. The following directions are issued:

    a) The petitioner is permitted to appear before the learned

    Additional Sessions Judge, Malkangiri in CT Case No. 85 of

    2025 through video conferencing from a designated Court

    point at Bhubaneswar or such other place as may be permitted

    by the trial Court, on each date of hearing.

    Signature Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10
    13

    b) Such appearance through video conferencing shall be treated as

    sufficient compliance with the condition imposed by the

    Supreme Court in SLP (Criminal) No. 7877 of 2025 that the

    petitioner shall remain present before the trial Court on each

    date of hearing.

    c) It shall be open to the trial Court, in its discretion, to require the

    physical presence of the petitioner on such dates as it may

    consider extremely unavoidable in the interest of justice.

    d) The modality and manner of appearance through video

    conferencing shall be regulated by the learned trial Court in

    accordance with the applicable Rules.

    e) The petitioner shall continue to cooperate with the trial and

    shall not misuse the liberty granted.

    32. The CRLMC stands disposed of, accordingly.

    ( Dr. Sanjeeb K Panigrahi)
    Judge

    Gitanjali

    Signature Not Verified
    Digitally Signed
    Signed by: GITANJALI NAYAK
    Reason: Authentication
    Location: OHC
    Date: 30-Mar-2026 16:35:10



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