S.K.Mirajul v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 241 of 2022 Sk. Mirajul ....

Petitioner Mr. B.K. Pardhi, Advocate

Versus

State of Orissa ....

Opposite Party Mr. Manoj Kumar Mohanty, ASC

CORAM:

JUSTICE SAVITRI RATHO

ORDER

04.02.2022 01.

1.

This matter is taken up through virtual mode. Order No.

2.

Heard.

3.

In this application under Section 482 Cr.P.C., the order dated 11.02.2020 passed by the learned Additional Sessions Judgecum-Special Judge, Karanjia in G.R. Case No. 351 of 2009 in connection with Karanjia P.S. Case No. 143 of 2009 issuing N.B.W. of arrest against the petitioner has been challenged. 4.

It appears from a perusal of the record that the petitioner was on bail but due to non-appearance on the date fixed and failure to take steps by his learned defence counsel, NBW of arrest was issued against him fixing 08.04.2020 for his production. 5.

Mr.

S.S.

Pradhan, learned Additional Government Advocate opposed the prayer submitting that there is no illegality in the impugned order.

6.

Though there is no illegality in the order issuing NBW of arrest, but in order to secure the attendance of the petitioner in the trial, it is directed that on surrendering before the learned

// 2 // Additional Sessions Judge-cum-Special Judge, Karanjia in G.R. Case No. 351 of 2009 in connection with Karanjia P.S. Case No. 143 of 2009 within a period of six weeks from today and filing an application for bail, the petitioner shall be released on bail on such terms and conditions as would be fixed by the said Court including a condition that the petitioner shall appear before the learned trial Court on each date when the case would be fixed for trial. Violation of any condition fixed shall entail cancellation of bail.

7.

The CRLMC is disposed of.

8.

In view of the restrictions due to resurgence of COVID-19 situation, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020, modified by Notice No. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

.........................

(Savitri Ratho) Judge puspa