Bibekananda Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1183 of 2022 Bibekananda Swain ....

Petitioner Mr. Biswaranjan Dalai, Advocate -versusState of Orissa ....

Opp. Party Mr. K.K. Das, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

19.05.2022 Order No.

01.

1.

Since copy has already been served on learned State counsel, defect No.6 is ignored. The Petitioner is permitted to remove defect No.7(ii) and 14(vi) in court.

2.

Heard Mr. Dalai, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel for Opposite Party - State.

3.

It is submitted on behalf of Petitioner that he was earlier released on bail as per order of learned S.D.J.M.(S), Cuttack on 26th August, 1993 in G.R. Case No.1433 of 1993. The alleged offences are under Sections 147/148/149/452/426/379/323 of I.P.C. Subsequently, due to non-appearance of Petitioner for the reason of communication gap, NBW of arrest was issued against him vide order dated 15th October, 2003.

4.

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 the direction that in the event the Petitioner surrenders on or before 20th June, 2022 before the learned court below and moves for bail, 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 including the condition that he shall attend the court on each date fixed.

5.

It is made clear that failing to surrender within the time stipulated above, this order shall not be given effect to. 6.

The CRLMC is disposed of.

7.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda