Bhaskar Chandra Pattanaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2069 of 2022 Bhaskar Chandra Pattanaik and another ....

Petitioners Suvalxmi Devi, Advocate -VersusState of Odisha ....

Opposite Party Mr.Tapas Ku. Praharaj, S.C.

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

23.08.2022 Order No.

01.

1.

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

2.

The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of the impugned order of NBW dated 18th December, 2021 passed by the learned J.M.F.C., Salipur in G.R. Case No.43 of 2017 arising out of Mahanga P.S. Case No.11 of 2017 on the grounds stated therein.

3.

Learned counsel for the petitioners submits that bail was granted to the petitioners on 30th May, 2019 and for the default of in the year 2019 at the stage when the case was about to be committed, the order of NBW was passed but they should be directed to surrender before the learned court below and allowed to go on bail with conditions.

4.

The Court is of the view that as the petitioners were on bail, they should be directed to surrender before the learned court below in G.R. Case No.43 of 2017 and released on bail with

conditions. In other words, this Court although does not find any infirmity in the impugned order dated 18th December, 2021, however, is inclined to release the petitioners on bail subject to conditions on their surrender.

5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands dismissed. However, the petitioners are directed to surrender before the court below in G.R. Case No.43 of 2017 arising out of Mahanga P.S. Case No.11 of 2017 on or before 8th September, 2022 and in such an event, they shall be released on bail subject to conditions as deemed as found to be just and proper in the facts and circumstances of the case. (R.K. Pattanaik) Judge U.K.Sahoo