Sk.Palla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1751 of 2022 Sk. Palla.

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Petitioner -versusState of Odisha.

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Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

21.07.2022 01.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

The petitioner in this application under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") has prayed for quashing of the order dated 07.02.2022 passed by the learned S.D.J.M., Bhadrak in G.R. Case No.413 of 1991 wherein N.B.W.(A) has been issued against him.

3.

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

4.

It appears that the petitioner, who has been indicted in the aforesaid case, was on bail, but when the case was posted on 18.12.2021, he did not appear before the Court below, as such,

// 2 // N.B.W.(A) has been issued against him vide the aforesaid order to secure his attendance.

5.

During the course of hearing, it is submitted by the learned counsel for the petitioner that the petitioner does not want to press the aforesaid prayer, but submits that since the petitioner is now ready and willing to surrender before the Court below and move for bail, the Court in seisin over the matter may be directed to release him on bail on any terms and conditions as it may deem just and proper.

6.

Learned counsel for the State, however, vehemently opposes to release the petitioner on bail.

7.

Considering the facts and submissions made, though this Court is not inclined to interfere with the impugned order, but directs that if the petitioner surrenders in the aforesaid case in the first hour before the learned S.D.J.M., Bhadrak and makes a motion for bail, the learned S.D.J.M. shall consider and dispose of the same in accordance with law on the same day taking note of all the attending circumstances including release of co-accused, if there is no other legal impediment.

8.

With the aforesaid order, this CRLMC stands disposed of. 9.

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

(S. Pujahari) Judge MRS