Ramakanta Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.934 of 2021 1.Ramakanta Rout 2.Jagabandhu Rout 3.Papu @ Prakash Rout ....

Petitioners Mr.G.Madani, Advocate

Versus

State of Odisha ....

Opp. Party Mr.P.K.Mohanty, ASC

CORAM:

JUSTICE SAVITRI RATHO

ORDER

12.01.2022 Order No.

02.

1.

Heard Mr.G.Madani, learned counsel for the petitioners and Mr.P.K.Mohanty, learned Addl. Standing Counsel through virtual mode 2.

This application under Section 482 Cr.P.C. has been filed by the petitioners praying for quashing of the order dated 04.04.2016 passed by the learned Special Judge, Bhadrak in Special Case No.04/10 of 2016 under Annexure-1 series directing issuance of N.B.W. of arrest against them.

3.

Learned counsel for the petitioners submits due to noncommunication of summons in the proper address , the petitioners were not able to appear before the learned court below on the date fixed. He further submits that non-appearance of the petitioners before the learned court below is neither international nor deliberate and they are ready to appear before the learned Court below and cooperate for early completion of the trial . 4.

Although there is no illegality in the impugned order, in order to secure the presence of the petitioners during trial, it is

// 2 // directed that subject to the petitioners depositing cost of Rs.1,000/- (Rupees one thousand) each and filing an application for bail before the learned court below on their surrender within a period of six weeks , they shall be released on bail on such terms and conditions as the learned court below may deem just and proper with the further condition that the petitioners shall appear before the learned trial court on each date when the case would be fixed for trial. Violation of any of the terms and conditions fixed shall entail cancellation of bail. 5.

Accordingly, the CRLMC stands disposed of.

6.

In view of the restrictions due to resurgence of COVID-19 situation, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

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(Savitri Ratho) Judge Bichi