Akilima Bibi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.559 of 2020 Aklima Bibi ....

Petitioner Mr. D. Das, Advocate -versusState of Odisha .... Opposite Party Mr. K. Gaya, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

24.01.2022 Order No.

02.

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 17.01.2017 passed by the learned JMFC, Tirtol in connection with G.R. Case No.440 of 2001 issuing N.B.W. against her.

4. Learned counsel for the petitioner submits that the petitioner was granted bail on 22.06.2001 by the learned Magistrate, Tirtol in G.R. Case No.440 of 2001. Due to communication gap between the petitioner and her conducting counsel, the petitioner could not surrender before the court on the date fixed. Hence, N.B.W. was issued against the petitioner on 17.01.2017.

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5. It is seen from the record that due to violation of the bail condition imposed by the learned Magistrate, the N.B.W. was issued against her on 17.01.2017. The petitioner has not bothered to approach this Court for such a long period. Hence, she does not deserve sympathetic consideration.

6. However, the petitioner is directed to surrender before the court in seisin over the matter within fifteen days hence. On her surrender, the court shall consider granting bail to her in accordance with law.

7. The CRLMC is disposed of.

8. 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