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Orissa High CourtCRLMC/2205/2022disposed off

Bhagaban Anka v. State Of Odisha

2022-08-26Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2205 of 2022 Bhagaban Anka ....

Petitioner Mr. Arijeet Mishra, Advocate -VersusState of Orissa ....

Opposite Party Mr. Tapas Kumar Praharaj, ASC,

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

26.08.2022 Order No.

01.

1.

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

2.

The instant petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 14th July, 2022 passed by the learned Ad-hoc Addl. District and Sessions Judge (FTSC), Jeypore in T.R. No.08 of 2016 arising out of Mahila P.S. Case No.19 of 2014 for having issued the non-bailable warrant of arrest against the petitioner on the grounds stated therein. 3.

Perused the impugned order under Annexure-1, whereby, learned court below issued the order of NBWA against the petitioner due to his default which is absolutely justified and therefore, calls for no interference. However, learned counsel for

the petitioner submits that the petitioner was on bail but due to recent default which is not intentional, the order has been passed. 4.

Having regard to the above submissions of learned counsel for the parties, the Court is inclined to direct the petitioner to surrender and move for bail. Accordingly, it is ordered. 5.

Accordingly, the petitioner is directed to surrender before the court below on or before 15th September, 2022 in T.R. No.08 of 2016 arising out of Mahila P.S. Case No.19 of 2014 and move for bail and in such event, he shall be released on bail with conditions as deemed fit and proper by the court below.

6.

The CRLMC application stands disposed of.

(R.K. Pattanaik) Judge U.K.Sahoo