Nibedan Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2644 of 2022 Nibedan Sahu & Others ....

Petitioner Mr. Umakanta Barik, Advocate -VersusState of Odisha ....

Opposite Parties Mr. S.S.Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

24.09.2022 01.

1.

Heard learned counsel for the petitioners and learned counsel Order No.

for the State.

2.

The present petition is filed against the order of issuance of NBWAs vis-à-vis the petitioners in connection with C.T. Case No. 32 of 2018(SA) arising out of Kegaon P.S. Case No. 140 of 2018 pending before the learned court of Additional Sessions Judge-cum-Special Judge, Dharmagarh on the grounds stated therein. 3.

Perused the impugned order which is at Annexure-2. 4.

Learned counsel for the petitioners submits that the petitioners were on bail which was granted in the year 2019 but subsequently, NBWAs have been issued against them on 20th July, 2022 since they defaulted in appearance. It is further submitted that the petitioners could not know about the date fixed by the learned court below, as a

result of which, the impugned order was passed and considering the fact that they were on previous bail, the petitioners should be directed to surrender and allowed to go on bail with conditions. Learned counsel for the State submits that the petitioners defaulted long back and as they failed to appear before the court below, therefore, the impugned order under Annxure-1 was rightly passed. 5.

The Court perused the order dated 20th July, 2022 but does not find any illegality committed by the learned court below. In fact, the petitioners failed to turn up and on account of their default and since the defense counsel did not take any step on their behalf, the learned court below rightly issued the NBWAs against them. However, at this juncture, the Court is of the view that the petitioners in the facts and circumstances of the case should be directed to surrender before the court below and released on bail with conditions. 6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioners to surrender before the learned court of Additional Sessions Judge-cum-Special Judge, Dharmagarh on or before 14th October, 2022 in connection with C.T. Case No. 32 of 2018(SA) arising out of Kegaon P.S. Case No. 140 of 2018 and in the event of their surrender, the court below shall release them on bail with conditions.

8.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge

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