Gananath Pothal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1417 OF 2022 Gananath Pothal .........

Petitioner Mr. S.Satapathy, Advocate -versusState of Odisha ............

Opposite Party Mr. A.N.Das, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

27.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

Being aggrieved by the Order dtd.22.04.2022 passed by the Learned Special Judge, Vigilance, Cuttack in T.R. No. 70 of 2009 issuing NBW against the petitioner for non-appearance on the date fixed. The present CRLMC has been filed under Section482 Cr.P.C. 4.

Considering the recitals in the CRLMC petition and submission of the learned counsel for the parties, this Court does not find any infirmity in the impugned order. Yet, to enable the learned counsel for the petitioner to effectively defend his rights,

this Court directs that on surrendering within a period of three weeks hence, the petitioner shall be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter.

The impugned order is set aside.

5.

It is needless to state here, in the event the petitioner does not surrender within the time specified, this order shall stand recalled and it shall be open for the learned Court below to take steps to enforce the impugned order.

6.

The CRLMC stands disposed of. , 7.

Urgent certified copy of this order be granted as per rule. Balaram ( V.Narasingh ) Vascation Judge