Chema@Niranjan Donak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1867 of 2022 Chema @ Niranjan Donak ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

28.07.2022 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 on the question of sustainability of the NBW(A) issued against him.

3.

Considering the fact and submission, this Court finds no illegality in the order impugned. But directs the Petitioner to appear before the court below within three weeks hence and make a mention in the court below, he shall be released on bail on such terms and conditions as would be deemed just and proper. Till then, there shall be stay execution of the NBW(A). However, the release of the Petitioner must be provisionally for a period of one month and within the aforesaid period, if the Petitioner cooperates with the court in framing of the charge and also undertakes to cooperate with the trial, the bail granted be made absolute. However, if the Petitioner does not cooperate

// 2 // during framing of the charge by remaining present, then the aforesaid provisional bail shall be cancelled and direction be issued to execute the NBW(A) pending against the Petitioner. However, till then the execution of the NBW(A) be kept in abeyance.

4.

With the above direction, the CRLMC stands disposed of.

5.

Issue urgent certified copy as per rules.

(S. Pujahari) Judge Uks