Damodar Nanda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2724 of 2022 Damodar Nanda ....

Petitioner Mr. Bijaya Ku.Ragada, Advocate -VersusState of Odisha ....

Opposite Party Mr. Tapas Ku.Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

02.11.2022 01.

1.

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

for the State.

2.

The present petition is filed against the order of issuance of NBWA vis-à-vis the petitioner in connection with C.T. Case No. 45 of 2012 arising out of Koraput Town P.S. Case No. 09 of 2007 pending before the court of Additional Sessions Judge-cum-Special Judge, Jeypore on the grounds stated therein. 3.

Perused the impugned order which is at Annexure-1. 4.

Learned counsel for the petitioner submits that the petitioner due to communication gap with his counsel, NBWA was issued against him by order dated 10th May, 2022 as he defaulted in appearance but such default was unintentional. It is 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 10th May, 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 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 learned court of Additional Sessions Judge-cum-Special Judge, Jeypore on or before 18th November, 2022 in connection with C.T. Case No. 45 of 2012 arising out of Koraput Town P.S. Case No. 09 of 2007 and in the event of his surrender, the court 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