Nirmal Mahakur v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.979 of 2022 Nirmal Mahakur and others .... Petitioners Mr. J. Sahu, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Mohanty, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.04.2022 Order No.

01.

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

2. It is submitted that the Petitioners were earlier released on bail on 18.10.2012 in G.R. Case No.125/2012 corresponding to Loisingha P.S. Case No.125/2012 pending on the file of learned Sessions Judge, Bolangir for alleged offences under Secs.294/506/34, I.P.C. and Sec.3(1)(xi) of the S.C. & S.T. (POA) Act. After commitment, the case was registered as Sessions Case No.27/4 of 2016 in the court of learned Sessions Judge, Bolangir. Subsequently due to their non-appearance before the court below, for the reason of communication gap with their lawyer, the NBW of arrest was issued against them by order dated 14.3.2022.

3. Thus considering the limited nature of prayer 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 Petitioners surrender on or before 17.05.2022 before the learned court below, they 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