Dipun@Deepun Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2088 of 2022 Dipun @ Deepun Sahu ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

10.08.2022 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 quash the order dated 27th April, 2022 passed by the learned Sessions Judge, Angul in C.T.(S) Case No.69 of 2021 wherein N.B.W.(A) has been issued against him.

3.

Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Party. 4.

Considering the facts and submissions made, I am not inclined to quash the impugned order. However, it is open to the Petitioner to surrender before the Court in seisin over the matter within six weeks hence and if he surrenders and moves for bail, the Court in seisin over the matter shall allow him to go on bail on such terms and conditions including the condition that he shall cooperate with the trial.

// 2 // 5.

Till the aforesaid date, i.e., either the date of surrender before the trial Court or on expiry of six weeks, whichever is earlier, the Petitioner shall not be arrested pursuant to the N.B.W.(A) issued.

6.

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

7.

It is also made clear that failure on the part of the Petitioner to surrender and move for bail before the trial Court within the time stipulated, there is no impediment on the part of the trial Court to execute the N.B.W.(A) against the Petitioner. 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