Kanha Bhoi@Kanhu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1580 of 2022 Kanha Bhoi @ Kanhu ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

21.07.2022 01.

1.This matter is taken up through Hybrid mode. Order No.

2.Heard learned counsel for the Petitioner and learned counsel for the State.

3.This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 05.05.2022 passed by the Addl. Sessions Judge, Angul in C.T(S) Case No.31 of 2020 wherein N.B.W. (A) has been issued against him.

4. It appears that the Petitioner, who has been indicated in the aforesaid case, was on bail, but when he did not appear before the court below and no step was taken on his behalf on the date fixed, N.B.W.(A) has been issued against the Petitioner vide order dated 05.05.2022. However, the Petitioner has come forward to challenge the same, but during the course of hearing, it is submitted by the learned counsel for the Petitioner that the Petitioner is now ready and willing to surrender before the trial

// 2 // court and cooperate with the trial and as such, the trial court may be directed to release him on bail on the same terms and conditions as imposed at the time of bail.

5. Learned counsel for the State vehemently opposes to release the Petitioner on bail.

6. Considering the facts and the submissions made, though this Court is not inclined to interfere with the impugned order but directs that if the Petitioner surrenders before the court in seisin over the matter and moves for bail within four weeks' hence, the court in seisin over the matter shall allow him to go on bail on such terms and conditions as it may deem just and proper. If the Petitioner does not surrender within the time stipulated, there is no impediment to execute the N.B.W.(A) issued against the Petitioner thereafter.

7.Till the aforesaid date, i.e. either the date of appearance before the trial court or on expiry of four weeks, whichever is earlier, the Petitioner shall not be arrested pursuant to the N.B.W.(A) issued.

8. Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge PKS