Makaradwaj Panda@Makara Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2234 of 2022 Makaradwaj Panda @ Makara 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 19th July, 2022 passed by the learned J.M.F.C., Chandahandi in G.R. Case No.1147 of 2014 arising out of Chandahandi P.S. Case No.146 of 2014 on the grounds stated therein.

3.

Perused the copy of the FIR as at Annexure-1 and the impugned order dated 19th July, 2022 which is at Annexure-2. 4.

Learned counsel for the petitioner submits that petitioner was on bail on 19th March, 2020 but then when the case was posted to 19th 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.1147 of 2014 arising out of Chandahandi P.S. Case No.146 of 2014 pending in the court of learned J.M.F.C., Chandahandi and in such an event, he shall be released 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