Pramod Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8590 of 2022 Pramod Kumar Nayak ....

Petitioner Mr. B.K. Swain, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

20.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is accused in S.T. No.335 of 2019 corresponding to G.R. Case No.988 of 2018 arising out of Choudwar P.S. Case No.168 of 2018, pending in the Court of learned Sessions Judge, Cuttack, for offences under Sections 498(A)/341/323/294/307 of IPC read with Section 4 of D.V. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Cuttack, by order dated 29.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that the petitioner was released by this Court by order dated 14.11.2018 in ABLAPL No.13465 of 2018. It is submitted that due to non appearance on the date fixed he was remanded to custody pursuant

to the NBW(A). It is also submitted that non appearance on the date fixed was for reasons beyond the control of the petitioner and it is not willful.

7.

Taking note of the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha