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Orissa High CourtCRLMC/2451/2022disposed off

Badal Kumar Swain v. State Of Odisha

2022-09-12Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2451 of 2022 Badal Kumar Swain ....

Petitioner Mr. A.R.Panda, 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 under Section 482 Cr.P.C. against the order of issuance of NBWA vis-à-vis the petitioner in connection with G.R. Case No. 641 of 2007 arising out of Dharmasala P.S. Case No. 168 of 2007 pending before the court of learned S.D.J.M., Jajpur 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 from the year 2007 but subsequently, NBWA has been issued against him by order dated 23rd July, 2009 as he defaulted in appearance but such default was unintentional. It is further submitted that due to non-appearance, 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 23rd July, 2009, 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 court of learned S.D.J.M., Jajpur on or before 29th September, 2022 in connection with G.R. Case No. 641 of 2007 arising out of Dharmasala P.S. Case No.168 of 2007 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