Abdhut Prasad Durga v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.21 of 2022 Abdhut Prasad Durga ....

Petitioner Ms. Mamata Mishra, Advocate -versusState of Odisha .... Opposite Party Mr. Suryaranjan Roul, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

24.01.2022 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 21.12.2021 passed by the learned Addl. Sessions Judge, (FTSC), Malkangiri in T.R. No.04 of 2021 issuing N.B.W. against him.

4. Learned counsel for the petitioner submits that the petitioner was granted bail on 19.08.2021 in BLAPL No.6298 of 2021 by this Court. He further submits that the petitioner was regularly attending the court on each date of posting of the trial. However, because of his serious health problem, the petitioner could not appear on 21.12.2021, whereby N.B.W. was issued.

5. In view of such facts and circumstances, the petitioner is directed to surrender before the court in seisin over the matter within a period of ten days hence. Upon his surrender, the court

// 2 // 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.

6. In view of the above, the order of issuance of N.B.W. against the petitioner on 21.12.2021 in T.R. No.04 of 2021 is hereby quashed. Accordingly, the CRLMC is disposed of.

7. 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