Mana@Sanjit Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2002 of 2022 Mana @ Sanjit Ray and others Petitioners Mr. N.C. Rout, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

05.09.2022 Order No.

01.

1.

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

2.

Instant petition under Section 482 Cr.P.C. is filed assailing the impugned order under Annexure-3 whereby the learned court below issued NBWs against the petitioners in connection with S.T. No.75 of 2022 pending in the file of learned Sessions Judge, Balasore on the grounds stated therein.

3.

Perused the impugned order dated 22nd April, 2022. 4.

The learned counsel for the petitioners submits that the petitioners were on bail but only on a single date of default, the NBWs were issued which is therefore to be recalled. But, the Court finds that on account of non-appearance of the petitioners 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 NBWs as the petitioners had defaulted. However, for the fact that it is claimed to be a single default, the Court is of

view that the petitioners 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 petitioners to surrender before the learned Sessions Judge, Balasore on or before 22nd September, 2022 in S.T. Case No.75 of 2022 and in the event of their surrender, Court shall release them on bail with conditions as deemed just and proper in the facts and circumstances of the case.

7.

An urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge TUDU