Bana@Brahmand Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2156 of 2022 Bana @ Brahmamanand Bag ....

Petitioner Mr. Manas Chand, Advocate -VersusState of Orissa ....

Opposite Party Mr. Pradip Kumar Rout, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

07.09.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned Additional Government Advocate for State.

2.

Instant petition under Section 482 Cr.P.C. has been filed by the petitioner praying for quashing the order of NBWA dated 3rd December, 2021 passed by the learned Additional Sessions Judge, Dharamgarh in C.T. Case No.26/18/43 of 2007-2011 on the grounds stated therein.

3.

Perused the impugned order at Annexure-1, whereby, learned court below issued NBWA against the petitioner. However, learned counsel for the petitioner submits that petitioner may be directed to surrender and released on bail.

4.

Having gone through the impugned order of issuing NBWA against the petitioner, the Court does not find any error or legal infirmity in the impugned order dated 3rd December, 2021, inasmuch as, the learned court below correctly passed the order. However,

having regard to the submission of the learned counsel for the petitioner, the Court is of the view that the petitioner should be directed to surrender and released on bail subject to conditions imposed by the court below.

5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned Additional Sessions Judge, Dharamgarh on or before 26th September, 2022 in C.T. Case No.26/18/43 of 2007-2011 arising out of Junagarh P.S. Case No. 125 of 2005 and in the event of his surrender, the court shall release him on bail with conditions.

7.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge U.K.Sahoo