Rinku Haripal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.524 of 2022 ....

Rinku Haripal & another Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

21.07.2022 02.

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

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

3.This application under Section 482 of Cr.P.C. has been filed by the Petitioners with a prayer to quash the order dated 27.04.2021 passed by the learned J.M.F.C., Kantamal in C.T Case No.249 of 2020 wherein N.B.W. (A) has been issued against them. 4.It appears that when the case was posted on 27.04.2021, they did not appear before the court below, as such, N.B.W.(A) has been issued against them vide the aforesaid order to secure their attendance. However, the Petitioners have come forward to challenge the same, but during the course of hearing, it is submitted by the learned counsel for the Petitioners that since the Petitioners are now ready and willing to surrender before the trial

// 2 // court and cooperate with the trial, the trial court may be directed to release them on bail on any terms and conditions as it may deem just and proper.

5. Learned counsel for the State vehemently opposes to release the Petitioners on bail.

6. Considering the facts and the submissions made and since there is no illegality or infirmity in the impugned order, this Court is not inclined to interfere with the same.

7. Accordingly, the CRLMC stands dismissed.

8. However, it is open to the Petitioners to surrender before the court in seisin over the matter and move for bail within four weeks' hence and in that event, the court in seisin over the matter shall consider the bail application of the Petitioners in course of the day taking into note of the release of the co-accused, if any.

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

(S. Pujahari) Judge PKS