Rashmikanta Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1048 OF 2021 Rashmikanta Behera .........

Petitioner Mr. Asit Ku. Jena, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

10.03.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the Stamp Reporter in course of the day.

3.

Heard Mr. A.K.Jena, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

4.

The learned Asst. Sessions Judge, Pattamundai by order dtd. 27.02.2018 in S.T. No. 111 of 2017 (S.T. No.319 of 2017) arising out of G.R. Case No. 121 of 2015 have directed for issuance of N.B.W since the petitioner did not appear on the date fixed.

5.

On perusal of the record, it is seen that the petitioners were granted bail by this court in terms of the order passed in

ABLAPL No. 5367 of 2015. Prima facie this Court does not find any infirmity in the order passed, directing for issuance of NBW. Yet, in order to permit the petitioner to effectively defend himself, the impugned order is set aside and on the petitioner surrendering within a period of three weeks hence, he shall be released on bail on earlier terms. For a period of three weeks, no coercive action shall be taken against the petitioner.

6.

The CRLMC thus stands disposed of.

7.

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