Sanjaya Mukhi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2685 of 2022 Sanjaya Mukhi ....
Petitioner Mr.Amulya Ratna Panda, Advocate -VersusState of Odisha ....
Opposite Party Mr. S.S.Mohapatra, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
24.09.2022 01.
1.
Heard learned counsel for the petitioner and learned counsel Order No.
for the State.
2.
The present petition is filed under Section 482 Cr.P.C. against the order of issuance of NBWA vis-à-vis the petitioner in connection with C.T. Case No. 12 of 2021 pending before the court of learned Addl.
District & Sessions Judge-cum-Special Judge, POCSO, Kandhamal, Phulbani on the grounds stated therein. 3.
Perused the impugned order which is at Annexure-2. 4.
Learned counsel for the petitioner submits that the petitioner was on bail in BLAPL No.3635 of 2021 but subsequently, NBWA has been issued against him by order dated 29th August, 2022 as he defaulted in appearance but such default was unintentional. It is further submitted that due to non-appearance, 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 does not find any error or legal infirmity in the impugned order dated 29th August, 2022, inasmuch as, the learned court below rightly passed the order since the petitioner defaulted on the date fixed. However, in the facts and circumstances of the case, the Court is of the opinion that the petitioner should be directed to surrender and released on bail subject to conditions imposed by the court below.
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 Addl. District & Sessions Judge-cum-Special Judge, POCSO, Kandhamal, Phulbani on or before 14th October, 2022 in connection with C.T. Case No. 12 of 2021 and in the event of his surrender, the court below shall release him on bail with conditions.
8.
An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita