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Orissa High CourtCRLMC/2804/2022disposed off

Muna Patra v. State Of Odisha

2022-09-29Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2804 of 2022 Muna Patra ....

Petitioner Mr. Amulya Ratna Panda, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S.Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

29.09.2022 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 Special Case No. 95 of 2021 pending before the court of learned Adhoc Additional Sessions Judge (FTSC), Balasore on the grounds stated therein.

3.

It is submitted by the learned counsel for the petitioner that the petitioner was on bail by the order of this Court in BLAPL No. 90 of 2021 and on the date fixed, the petitioner had moved an application under Section 317 Cr.P.C. but the trial court rejected the same and issued NBWA by the order under Annexure-2. It is also submitted that the charges have been framed in the meantime but commencement of trial is awaited.

4.

Considering the above submission of the learned counsel for the petitioner and the fact that he was on previous bail, in the view of the Court, the petitioner should be directed to surrender and allowed to go on bail with conditions.

5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned Adhoc Additional Sessions Judge (FTSC), Balasore on or before 20th October, 2022 in connection with Special Case No. 95 of 2021 and in the event of his surrender, the court shall release him on bail with conditions. 7.

An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita