Rahul Bag@Dhaneswar Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1795 of 2022 Rahul Bag @ Dhaneswar Bag ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

13.07.2022 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 13.03.2022 passed by the Addl. Sessions Judge, Titilagarh in S.C No.68 of 2017 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 13.03.2022. 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. Considering the facts and the submissions made, especially the fact that the Petitioner is ready and willing to surrender to custody of the Court and cooperate with the trial, this CRLMC stands disposed of with an observation that if the Petitioner appears before the trial court within four weeks hence and makes a motion for bail in the aforesaid case, the court in seisin over the matter shall allow him to go on earlier bail bond and surety, provided his earlier sureties appear and agree for the same, but if the bail bond has been cancelled, the Petitioner may be directed to furnish fresh bail bonds with similar terms and conditions as earlier imposed along with a condition that he shall cooperate with the trial. 6.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.

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

(S. Pujahari) Judge PKS