Sunil Choudhuary @ Sunia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.74 of 2022 Sunil Choudhuary @ Sunia ....

Petitioner Mr. D.P.Jena Advocate -versusState of Odisha ....

Opposite Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

03.3.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Pursuant to order dated 31st January, 2022, the Deputy Registrar (Judicial) has submitted an explanation enclosing the explanation submitted by Sri Sunakar Panda, Ex-A.S.R. & O.C. attached to S.R. Section. It is submitted that due to oversight and pressure of work he could not point out the defect regarding non-page marking of the petition along with annexures. Accordingly he has requested to be excused.

3. Considering the explanation so submitted, the same is accepted. The Deputy Registrar (Judicial) is directed to issue

// 2 // appropriate instructions to the concerned Officers of the Registry to ensure that all the pages of the brief are properly paginated before the matter is placed before the Court.

4. Heard Mr. D.P.Jena, learned counsel for the Petitioner and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

5. The Petitioner was earlier granted bail, but because of his non-appearance N.B.W. was issued by the Court below and he was taken to custody on 12th November, 2021 in connection with Kendrapara P.S. Case No.96/1995 corresponding to G.R. Case No.322/1995 pending in the court of learned S.D.J.M., Kendrapara for the alleged commission of the offence under Sections 457/380 of I.P.C. It is submitted that the Petitioner was not aware of the date of posting of the case as he was working in Cuttack in a Hotel.

6. Considering the submissions made, the prayer for bail is allowed. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear personally before the trial court on each date of posting of the case failing which it shall be open to the said court to pass necessary orders to take him to custody again.

7. The BLAPL is disposed of.

// 3 //

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge