Babu@Raghunath Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2770 of 2022 Babu @ Raghunath Das ....

Petitioner Mr. Ramakrishna Naik, 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.

Instant petition under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 13th November, 2014 passed by the learned J.M.F.C.(P), Kujanga in G.R. Case No.535 of 2001 arising out of Kujanga P.S. Case No.163 of 2001 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 NBWA against the petitioner due to his default which is absolutely justified and therefore, it 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 G.R. Case No.535 of 2001 arising out of Kujanga P.S. Case No.163 of 2001 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