Orissa High CourtCRLMC/661/2022disposed off

Rajesh Bhujabal @ Pinku v. State Of Odisha

2022-07-21Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.661 of 2022 ....

Rajesh Bhujabal @ Pinku Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

21.07.2022 03.

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

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

3.This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 09.12.2021 passed by the learned Addl. Sessions Judge, Bhubaneswar in C.T. Case No.289 of 2013 (A) wherein N.B.W. (A) has been issued against him.

4.It appears that the Petitioner, who has been indicted in the aforesaid case, was on bail but, when the case was posted on 09.12.2021, he did not appear before the court below, as such, N.B.W.(A) has been issued against him vide the aforesaid order to secure his attendance. However, the Petitioner has come forward to challenge the same but during the course of hearing, it is

// 2 // submitted by the learned counsel for the Petitioner that since the Petitioner is now ready and willing to surrender before the trial court and cooperate with the trial, the trial court may be directed to release him 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 Petitioner 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 Petitioner 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 Petitioner taking into consideration the submissions made and also attending facts and circumstances of the case in course of the day on its own merit.

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

(S. Pujahari) Judge PKS