Gola Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2474 of 2022 Gola Senapati ....

Petitioner Mr. Bijaya Kumar Nayak 3, Advocate -VersusState of Orissa ....

Opposite Party Mr.S.S.Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

20.09.2022 Order No.

01.

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 challenging the order of NBWA dated 15th December, 2021 passed by the learned Asst. S.J.(W.C.), Nayagarh in S.T. Case No.40/178 of 2015 arising out of G.R. Case No.531 of 2009 on the grounds stated therein.

3.

Perused the copy of the FIR at Annexure-1 and the copy of impugned orders as at Annexure-2 and 3 respectively. 4.

Learned counsel for the petitioner submits that the petitioner was on bail dated 29th March, 2011 but subsequently, NBWA has been issued against him on 15th December, 2021 since he defaulted in appearance. It is further submitted that the petitioner could not know about the date fixed by the learned court below nor his Advocate had taken any step, 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 15th December, 2021 but does not find any illegality being 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 in the facts and circumstances of the case, 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 Asst. S.J.(W.C.), Nayagarh on or before 30th September, 2022 in S.T. Case No.40/178 of 2015 arising out of G.R. Case No.531 of 2009 and in the event of his surrender, the 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