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Orissa High CourtCRLMC/26/2022disposed off

Krushna Pani v. State Of Odisha

2022-01-11Miss Justice Savitri Ratho2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.26 of 2022 1.Krushna Pani 2.Prabha Karada 3.Kumara Lima ....

Petitioners Mr.S.K.Tripathy, Advocate

Versus

State of Odisha ....

Opp. Party

CORAM:

JUSTICE SAVITRI RATHO

ORDER

24.06.2022 Order No.

02.

I.A. No.423 of 2022 This matter is taken up by hybrid mode.

2. Heard Mr. S.K.Tripathy, learned counsel for the petitioner.

3. This I.A. has been filed for extension of the date of surrender earlier granted by this Court vide order dated 11.01.2022 by a period of 10 days. By order dated 11.1.2022, this Court had directed as follows:- "xxx xxx 6. Though there is no illegality in the order issuing N.B.W. of arrest but in order to secure the attendance of the petitioners in the trial, it is directed that on surrendering before the learned Special Judge, Adava P.S. Case No.16 of 2011 within a period of six weeks from today and filing an application for bail, the petitioners shall be released on bail on such terms and conditions as would be fixed by the said Court including any condition for deposit of cost for witnesses who have had to return due to non-appearance of the petitioners with a further condition that the petitioners shall appear before the learned trial Court on each date when the case would be fixed for trial xxx xxx."

4. Though this I.A. has been filed on 22.02.2022 soon after expiry of six weeks, but the said application has not been moved, for which the trial has been stalled as the petitioners had not appeared in the trial when examination of witnesses was going on. But in order to ensure the presence of the petitioners during trial, the petitioners are granted time

// 2 // till 08.07.2022 to surrender in the court below, subject to payment of cost of Rs.500/- (Rupees five hundred) each (total Rs.1500 before the Orissa High Court Bar Association Welfare Fund by Monday (27.06.2022) and furnishing the receipt. Other conditions contained in the order dated 11.01.2022, operative portion of which has been reiterated above, shall remain unaltered.

5. The I.A. is disposed of.

6. Urgent certified copy of this order be granted as per rules. .........................

Savitri Ratho Judge Bichi