Sukanta Ku. Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1618 of 2022 Sukanta Ku. Sahu ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

06.07.2022 01.

1.

This matter is taken up through hybrid mode.

2.

Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Party.

3.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 5th May, 2022 passed by the learned Special Judge (POCSO), Angul in Special (POCSO) Case No.35 of 2016 wherein N.B.W.(A) has been issued against him. 4.

It appears that the Petitioner, who has been indicted in the aforesaid case, was on bail and facing trial, but when the case was posted on 5th May, 2022, he did not appear before the Court below and no step was taken on his behalf on the date fixed, as such, N.B.W.(A) has been issued against him vide the aforesaid order to secure his attendance. However, the Petitioner has challenged the same in this petition, but during 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 Court and cooperate with the trial and as such, the order of

// 2 // N.B.W.(A) be quashed and the trial court may be directed to allow him on same bail.

5.

Considering the facts and submissions made, especially the circumstances in which the N.B.W.(A) was issued, this Court thus finds no reason to interfere with the impugned order. 6.

But, if the Petitioner to surrender to custody of the Court in seisin over the matter within six weeks hence and moves for bail, the Court in seisin over the matter shall allow him to go on bail on such terms and conditions including the condition that he shall cooperate with the trial. 7.

Till the aforesaid date, i.e., either the date of appearance before the trial Court or on expiry of six weeks, whichever is earlier, the Petitioner shall not be arrested pursuant to the N.B.W.(A) issued. 8.

It is made clear that in spite of this order, if the Petitioner after his release again makes default in appearance, in the next coercive steps taken, this fact also be reflected by the trial court. 9.

With the aforesaid order, this CRLMC stands disposed of. 10.

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

(S. Pujahari) Judge DA