Arjun Sahu@Aju v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1608 of 2022 Arjun Sahu @ Aju ....

Petitioner Mr. Biplab Kumar Dash, Advocate -VersusState of Odisha ....

Opposite Party Mr.T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

23.09.2022 Order No.

01.

1.

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

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner challenging the order of NBWA dated 7th March, 2022 passed by the learned 3rd Additional Sessions Judge, Cuttack in S.T. Case No.265 of 2014 on the grounds stated therein. 3.

Perused the copy of the impugned order dated 7th March, 2022 at Annexure-2.

4.

Learned counsel for the petitioner submits that the petitioner was earlier on bail dated 29th March, 2010 but subsequently, NBWA has been issued against him on 7th March, 2022 since he defaulted in appearance. It is further submitted that the petitioner could not know about the date fixed by the learned court below nor his Advocate had taken any step, as a result of which, the impugned order was passed and considering the fact that

he was on previous bail, the petitioner should be directed to surrender and allowed to go on bail with conditions. 5.

The Court perused the order dated 7th March, 2022 but does not find any illegality being committed by the learned court below. In fact, the petitioner failed to turn up and on account of his default and since the defense counsel did not take any step on his behalf, the learned court below rightly issued the NBWA against him. However, at this juncture, the Court is of the view that in the facts and circumstances of the case, the petitioner should be directed to surrender before the court below and released on bail with conditions which instead would serve the purpose. 6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned 3rd Additional Sessions Judge, Cuttack on or before 10th October, 2022 in S.T. Case No.265 of 2014 and in the event of his surrender, the court below shall release him on bail subject to conditions. 8.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge U.K.Sahoo