Pradyumna Kumar Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1532 of 2021 Pradyumna Kumar Behera ....
Petitioner Mr. D.K.Rath, Advocate -VersusState of Odisha ....
Opposite Party Mr. T.K.Praharaj,SC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
14.10.2022 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 assailing the impugned order dated 14th August, 2003 passed in G.R. Case No. 320 of 1996 pending before the court of learned J.M.F.C.(O), Bhubaneswar, whereby, a NBWA was issued against him which is pending execution on the grounds stated therein. 3.
Perused order dated 13th November, 2021 passed in G.R. Case No. 320 of 1996 by the court below, wherefrom, it is made to suggest that NBWAs were issued against the petitioner and others almost 18 years back i.e. on 14th August, 2003 but it was not revealed as to under what circumstances, the same was directed and that the petitioner and other accused persons had moved the learned court below for recall of the same but could not be successful. 4.
Under the peculiar circumstances, as above, the Court is of the view that notwithstanding pending execution of NBWA vis-à-vis
the petitioner which is stated to be 18 years old, he should be directed to surrender before the court below in G.R. Case No. 320 of 1996 pending before the court of learned J.M.F.C. (O), Bhubaneswar and allowed to go on bail subject to conditions.
5.
Accordingly, it is ordered.
6.
In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned court of J.M.F.C. (O), Bhubaneswar on or before 29th October, 2022 in G.R. Case No. 320 of 1996 arising out of Manamunda P.S. Case No.211 of 2015 and in the event he surrenders within the time stipulated, the court shall release him on bail subject to conditions. 7.
An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge Kabita