Tukuna Pradhan@Tukuna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2567 of 2022 Tukuna Pradhan @ Tukuna Petitioner Mr. P. S. Das, Advocate -VersusState of Odisha and Another ....

Opposite Parties Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

23.09.2022 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 assailing the impugned order under Annexure-1 series whereby the learned court below issued NBWA against the petitioner in connection with G.R. Case No.274(A) of 2011 pending in the file of learned J.M.F.C., Kodala on the grounds stated therein. 3.

Perused the impugned order dated 9th December, 2013. 4.

The learned counsel for the petitioner submits that the petitioner was on bail but only on a single date of default, the NBWA was issued which is therefore to be recalled. But, the Court finds that on account of non-appearance of the petitioner on the date fixed, the warrant has been issued. Therefore, the Court does not find any error or illegality committed by the learned court below in issuing NBWA as the petitioner had defaulted. However, for the fact that it is claimed to be a single default, the Court is of

view that the petitioner should be directed to surrender and go on bail.

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 J.M.F.C., Kodala on or before 14th October, 2022 in G.R. Case No.274(A) of 2011 and in the event of his surrender, the court shall release him on bail with conditions as deemed just and proper in the facts and circumstances of the case.

7.

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

(R.K. Pattanaik) Judge TUDU