Bhagirathi Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2757 of 2022 Bhagirathi Behera ....

Petitioner Mr. Ramesh Chandra Maharana, Advocate -VersusState of Odisha ....

Opposite Party Mr. Tapas Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

21.10.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The instant petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 18th July, 2019 passed by the learned Assistant Sessions Judge-cum-CJM, Jajpur in C.T. Case No.230 of 2017 arising out of Kuakhia P.S. Case No.123 of 2017 for having issued the non-bailable warrant of arrest against the petitioner on the grounds stated therein. 3.

Perused the impugned order under Annexure-1, whereby, the learned court below issued the NBW against the petitioner due to default which is absolutely justified and therefore, calls for no interference. However, learned counsel for the petitioner submits

that the petitioner was on bail but due to his default which is unintentional, the order has been passed.

4.

Having regard to the above submissions of learned counsel for the parties, the Court is inclined to direct the petitioner to surrender and move for bail. Accordingly, it is ordered. 5.

The petitioner is directed to surrender before the court below on or before 4th November, 2022 in C.T. Case No.230 of 2017 arising out of Kuakhia P.S. Case No.123 of 2017 and move for bail and in such an event, he shall be released on bail with conditions as deem fit and proper by the court below. 6.

The CRLMC application stands disposed of.

(R.K. Pattanaik) Judge Basudev