Rama Chandra Malika v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.915 of 2022 Rama Chandra Malika ....

Petitioner Mr. J. Mohanty, Advocate -versusState of Odisha and another .... Opposite Parties Mr. P.K. Mohanty, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

13.04.2022 Order No.

01.

1. Heard Mr. J. Mohanty, learned counsel for the Petitioner as well as Mr. P.K. Mohanty, learned A.S.C. for the State-Opposite Party.

2. The offence alleged is under Section 138 of the N.I. Act and the personal appearance of the Petitioner was dispensed with under Section 205, Cr.P.C. on 31.01.2020 subject to condition inter alia that he shall appear before the court below as and when required and the Petitioner was required to furnish an undertaking to that effect. Since he did not furnish the required undertaking till 13.8.2021 and did not take steps on that date, the NBW was issued against him by the learned J.M.F.C., Jajpur Road in ICC Case No.356/2019.

3. Considering the limited nature of prayer and the surge of COVID - 19 pandemic, and after hearing learned counsel for the State, in the interest of justice, the CRLMC is disposed of with a

direction that in the event the Petitioner surrenders on or before 11.05.2022 before the learned court below, he be released on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in seisin over the matter.

4. It is made clear that failing to surrender within the time stipulated above, this order shall not be given effect to.

5. The CRLMC is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik