Nazu@Sabana Bibi@Sabana Begum v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1138 of 2022 Nazu @ Sabana Bibi @ Sabana Begum ....

Petitioner Mr. S.P. Dash, Advocate -VersusState of Orissa ....

Opposite Party Mr. Tapas Kumar Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

19.09.2022 Order No.

04.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Instant petition under Section 482 Cr.P.C. has been filed by the petitioner assailing the impugned order dated 3rd June, 2020 passed by the learned J.M.F.C., Banpur in G.R. Case No.100 of 2020 arising out of Banpur P.S. Case No.71 of 2020 on the grounds stated therein.

3.

Learned counsel for the petitioner submits that the petitioner had approached this Court in ABLAPL No.2947 of 2020 which was disposed of on 25th February, 2022 with a direction to him to surrender before the learned court below within a stipulated time and to move bail to be considered on its own merit. It is submitted that the petitioner could not surrender despite such direction of this Court and presently NBWA is pending execution and for his production before the learned court below.

4.

Mr. Praharaj, learned Standing Counsel for the State submits that the petitioner was directed to surrender and move for bail and as such the anticipatory bail application was rejected vide ABLAPL No.2974 of 2020. Having regard to the fact that initially a complaint was filed in ICC Case No.18 of 2020 and the fact that the NBWA was issued on 21st March, 2022, the Court is of the view that the petitioner being a lady should be directed to surrender and go on bail on such terms and conditions as deem fit and proper. 5.

Consequently, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned J.M.F.C., Banpur in G.R. Case No.100 of 2020 on or before 30th September, 2022 and in the event surrender, the court below shall release her on bail subject to conditions as would be fixed by the court.

6.

Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge U.K.Sahoo