Debaraj Sahoo v. State Of Odisha(Vig.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.1952 of 2022 Debraj Sahoo Petitioner Mr. U.K. Lenka, Advocate -VersusState of Odisha (Vigilance) ....

Opposite Party Mr. N. Moharana, SC for Vigilance

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

05.09.2022 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 assailing the impugned order under Annexure-1 whereby the learned court below issued NBW against the petitioner in connection with T.R. No.83 of 2009 corresponding to V.G.R. No.46 of 2004 pending in the file of learned Additional Special Jude (Vigilance), Cuttack on the grounds stated therein.

3.

Perused the impugned order dated 9th August, 2021. 4.

The learned counsel for the petitioner submits that the petitioner was on bail but only on a single date of default, the NBW was issued which is therefore to be recalled. But, the Court finds that on account of non-appearance of the petitioner on the date fixed, the warrant has been issued. Therefore, the Court does not find any error or illegality committed by the learned court below in issuing NBW as the petitioner had defaulted. However, for the fact

that it was a single default, the Court is of view that the petitioner should be directed to surrender and go on bail. 5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender on or before 26th September, 2022 before the learned Additional Special Judge (Vigilance), Cuttack in T.R. Case No.83 of 2009 arising out of VGR No.46 of 2004 which corresponds to Cuttack Vigilance P.S. Case No.46 of 2004 and in the event of his surrender, Court shall release him on bail with conditions as deemed just and proper in the facts and circumstances of the case.

(R.K. Pattanaik) Judge TUDU