Jadeswar Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2844 of 2022 Jadeswar Mahanta and Others ....

Petitioners Mr. Debasis Mishra, Advocate -VersusState of Odisha ....

Opposite Party Mr. Tapas Kumar Praharaj, SC,

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

21.10.2022 Order No.

01.

1.

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

2.

The instant petition under Section 482 Cr.P.C. have been filed by the petitioners challenging the order dated 11th July, 2022 passed by the learned Special Judge, Champua in Special Case No.45 of 2014 arising out of Joda P.S. Case No.142 of 2014 for having issued the non-bailable warrants of arrest against the petitioners on the ground stated therein.

3.

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

that the petitioners were on bail but due to recent default which is not intentional, 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 petitioners to surrender and move for bail. Accordingly, it is ordered. 5.

The petitioners are directed to surrender before the court below on or before 9th November, 2022 in Special Case No.45 of 2014 arising out of Joda P.S. Case No.142 of 2014 and move for bail and in such an event, they 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