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Orissa High CourtCRLMC/2223/2022disposed off

Makaradwaj Panda@Makaradhaja Panda v. State Of Odisha

2022-09-07Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2223 of 2022 Makaradwaj Panda @ Makaradhaja Panda ....

Petitioner Mr.Umakanta Barik, Advocate -VersusState of Odisha ....

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 of the order of NBW dated 20th July, 2022 passed by the learned J.M.F.C., Chandahandi in G.R. Case No.192 of 2007 arising out of Chandahandi P.S. Case No.23 of 2007 on the grounds stated therein.

3.

Perused the copy of the FIR as at Annexure-1 and the impugned order dated 20th July, 2022 which is at Annexure-2. 4.

Learned counsel for the petitioner submits that petitioner was on bail on 15th May, 2007 but then when the case was posted to 20th July, 2022, he was found absent, as a result of which, the court below issued the non-bailable warrant of arrest against him and posted the matter to 5th September, 2022 for his production. It

is further submitted that the absence of the petitioner was unintentional. However, the Court does not find any illegality or error having been committed by the court below so as to warrant any interference as the petitioner did not appear on the date fixed. However, the Court is of the view that the petitioner should be allowed to surrender and go on bail subject to the terms and conditions fixed by the court below, which would serve the purpose. Accordingly, it is ordered.

5.

Consequently, the petitioner is directed to surrender before the court below on or before 26th September, 2022 in G.R. Case No.192 of 2007 arising out of Chandahandi P.S. Case No.23 of 2007 pending in the court of learned J.M.F.C., Chandahandi and in the event of his surrender, the court shall release him on bail with conditions as deemed fit and proper.

6.

The CRLMC stands disposed of.

7.

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