Makuni@Markand Kumar Sahoo v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2335 of 2022 Makuni @ Markand Kumar Sahoo ....
Petitioner Mr. Deepak Ku.Sahoo, Advocate -VersusState of Odisha ....
Opposite Party Mr.P.K.Rout, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
12.09.2022 01.
1.
Heard learned counsel for the petitioner and learned counsel Order No.
for the State.
2.
The present petition is filed against the order of issuance of NBWA vis-à-vis the petitioner in connection with G.R.Case No. 907 of 2013 arising out of Patkura P.S. Case No.165 of 2013 pending before the learned court of S.D.J.M., Kendrapara on the grounds stated therein.
3.
Perused the impugned order which is at Annexure-1. 4.
Learned counsel for the petitioner submits that the petitioner was on bail but subsequently, NBWA has been issued against him by order dated 31st October, 2016 as he defaulted in appearance but such default was unintentional. It is further submitted that due to nonappearance, 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 does not find any error or legal infirmity in the impugned order dated 31st October, 2016, inasmuch as, the learned court below rightly passed the order since the petitioner defaulted on the date fixed. However, in the facts and circumstances of the case, the petitioner should be directed to surrender and released on bail subject to conditions imposed by the court below.
6.
Accordingly, it is ordered.
7.
In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned court of S.D.J.M., Kendrapara on or before 28th September, 2022 in connection with G.R.Case No. 907 of 2013 arising out of Patkura P.S. Case No.165 of 2013 and in the event of his surrender, the court shall release him on bail with conditions.
8.
An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita