Gouri Jani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2374 of 2022 Gouri Jani ....

Petitioner Mr. D. R. Bhokta, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

21.09.2022 Order No.

02.

1.

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

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the issuance of NBWA dated 27th April, 2022 directed by the court of learned J.M.F.C., Koraput on the grounds stated therein.

3.

Perused the impugned order dated 27th April, 2022 as at Anexure-3.

4.

Learned counsel for the petitioner submits that the petitioner was on bail but on the date fixed, she could not appear and no step was either taken on her behalf by the engaged counsel, for which, the court below issued NBWA against fixing the case to 25.07.2022 for her production and considering the same, appropriate order may be passed.

5.

The Court does not find any wrong or error being committed by the learned court below while issuing NBWA on account of default of the petitioner but then having regard to the fact that she was on bail, it is of the view that in the facts and circumstances of the case, the petitioner should be allowed to surrender and go on bail with conditions.

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 J.M.F.C., Koraput on or before 30th September, 2022 in connection with G.R. Case No.152 of 2009 and in the event she surrenders, the court shall release her on bail with conditions as deemed just and proper. 8.

An urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge Tudu