Sudam Bhukta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.14 of 2022 Sudam Bhukta ....

Petitioner Mr. Sangramjit Panda, Advocate -versusState of Odisha .... Opposite Party Mr. S.S. Pradhan, AGA

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

31.01.2022 Order No.

01.

1. The matter is taken up through video conferencing mode.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner has filed this application under Section 482 of the Cr.P.C. to quash the order dated 23.10.2021 passed by the learned Judge, STC, Boudh in Session Trial No.59 of 2018 issuing N.B.W. against him.

4. Learned counsel for the petitioner submits that the petitioner was granted bail by virtue of this Court's order passed in ABLAPL No.7880 of 2017. He further submits that since the petitioner has failed to comply with the terms and conditions of the said anticipatory bail order, the N.B.W. was issued on 23.10.2021.

5. Having heard learned counsel for the petitioner and learned counsel for the State, the petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case

// 2 // within a period of fifteen days hence. Upon his surrender, the court in seisin over the matter shall consider for releasing him on bail with some stringent conditions so as to ensure his regular attendance on each date of posting of the trial. In addition, the petitioner shall deposit a sum of Rs.2,000/- (rupees two thousand only) as cost for non-compliance of the court's order. The said amount shall be deposited before the High Court Bar Associations Welfare Fund and copy of the said deposit shall be presented before the court in seisin over the matter.

6. In view of the above, the order of issuance of N.B.W. against the petitioner on 23.10.2021 in S.T. No.59 of 2018 is quashed.

7. Accordingly, the CRLMC is disposed of.

8. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Office Order dated 7th January, 2022. (S.K. Panigrahi) Judge PCD