Sanjukta@Boby Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2021 of 2022 Sanjukta @ Boby Mohanty ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI

ORDER

11.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to set aside the order dated 18th May, 2022 and 9th June, 2022 passed by the learned Sessions Judge, Cuttack in S.T. No.245 of 2019 wherein N.B.W.(A) has been issued against her.

3.

Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Party.

4.

It appears that the Petitioner, who has been indicted in the aforesaid case, was on bail, but when the case was posted on 18th May, 2022 and 9th June, 2022, she did not appear before the Court below and no step was taken on her behalf on the date fixed, as such, N.B.W.(A) has been issued against her vide the aforesaid orders to secure her attendance.

5.

Taking note of fact that marriage between the victim and her husband has been dissolved wherein a mention has been made that

// 2 // criminal prosecution would also be withdrawn and without making any comment on such compromise made which is to be decided in CRLMC No.2020 of 2022 wherein the court has issued notice today and stay further proceeding, this Court directs that notwithstanding the aforesaid orders, if the Petitioner would surrender to custody of the Court in seisin over the matter within three weeks hence and move for bail, the Court in seisin over the matter shall allow her to go on bail on such terms and conditions including the condition that she shall cooperate with the trial.

6.

Till the aforesaid date, i.e., either the date of surrender before the trial Court or on expiry of three weeks, whichever is earlier, the Petitioner shall not be arrested pursuant to the N.B.W.(A) issued. But, on failure to comply with the order, there is no impediment to arrest her pursuant to the N.B.W.(A) issued.

7.

It is made clear that in spite of this order, if the Petitioner after her release again makes default in appearance, in the next coercive steps to be taken, this fact also be reflected by the trial court. 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 DA