Chandramani Kisan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2250 of 2022 Chandramani Kishan ....

Petitioner Mr. B.R. Barik, Advocate -VersusState of Odisha ....

Opposite Party Mr. Sangram Keshari Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

12.09.2022 Order No.

01.

1.

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

2.

The present petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the order of NBW dated 27th June, 2022 passed by the learned A.D.J.-cum-Special Judge, Sundargarh in Special G.R. Case No.41 of 2017 on the grounds stated therein. 3.

Perused the copy of the FIR at Annexure-1 and a copy of the impugned order dated 27th June, 2022 as at Annexure-2. 4.

Learned counsel for the petitioner submits that the petitioner was on court bail from 23rd December, 2020 but subsequently, NBW has been issued against him on 27th June, 2022 since he defaulted in appearance. It is further submitted that the petitioner could not know about the date fixed by the learned court below, as a result of which, the impugned order was passed and considering the fact that he was

on previous bail, the petitioner should be directed to surrender and allowed to go on bail with conditions.

5.

The Court perused the order dated 27th June, 2022 but does not find any illegality committed by the learned court below. In fact, the petitioner failed to turn up and on account of his default and since the defense counsel did not take any step on his behalf, the learned court below rightly issued the NBW against him. However, at this juncture, the Court is of the view that the petitioner should be directed to surrender before the court below and released on bail with conditions which instead would serve the purpose. 6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned A.D.J.-cumSpecial Judge, Sundargarh or before 30th September, 2022 in connection with Special G.R. Case No.41 of 2017 and in the event of his surrender, the learned court below shall release him on bail subject to conditions.

8.

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