Srikanta Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2755 of 2022 Srikanta Sahu ....

Petitioner Mr. S.K.Mohanty, Advocate -VersusState of Odisha ....

Opposite Party Mr.P.K.Rout, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

30.09.2022 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 G.R. Case No. 22 of 2017 arising out of Golanthara P.S. Case No.182 of 2017 pending before the learned court of 2nd Additional Sessions Judge-cum-Special Judge, Ganjam 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 was earlier on bail by the learned court below vide order dated 18.04.2018 but due to communication gap, subsequently, NBWA has been issued against him by order dated 20th 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 20th 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 view 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 learned court of 2nd Additional Sessions Judge-cum-Special Judge, Ganjam on or before 21st October, 2022 in G.R. Case No. 22 of 2017 arising out of Golanthara P.S. Case No.182 of 2017 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