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Orissa High CourtCRLMC/1396/2022disposed off

Manoj Kumar Bhoi@Manas Bhoi v. State Of Odisha

2022-05-31Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1396 of 2022 Manoj Kumar Bhoi @ Manas Bhoi ....

Petitioner Mr. S.K. Biswal, Advocate -Versus - State of Odisha ....

Opposite Party Mr. G.R. Mohapatra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 31.05.2022 1.

Heard learned counsel for the petitioner and learned Addl. Order No.

01.

Standing Counsel for the State.

2.

The petitioner is an accused in S.T. Case No.3 of 2019 of the Court of learned Asst. Sessions Judge, Phulbani. The petitioner was released on bail.

3.

Perusal of the impugned order reveals that the petitioner did not appear on the date fixed for which by order dated 25.03.2019, learned Court below directed issuance of NBW/A against him, which is impugned in the present application. 4.

Learned counsel appearing for the petitioner submits that due to unavoidable circumstances he could not appear, but he undertakes to appear before the Court regularly in future. 5.

Having regard to the submissions made and the materials on record, I am inclined to allow the prayer. The impugned order in so far as it relates to issuance of NBW/A against the petitioner - Manoj Kumar Bhoi @ Manas Bhoi is hereby quashed. The

petitioner is granted liberty to surrender before the trial court within a period of three weeks and move for bail and in such event, he shall be allowed to go on previous bail.

6.

The CRLMC is disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra, J) Vacation Judge A.K. Rana