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Orissa High CourtCRLMC/2849/2022disposed off

Saraswati Pattanaik v. State Of Odisha

2022-10-21Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2849 of 2022 Saraswati Pattanaik ....

Petitioner Mr. Pradeep Kumar Das, 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 25th April, 2022 passed by the learned C.J.M., Bhubaneswar in C.T. Case No.806 of 2018 arising out of Nayapalli P.S. Case No.85 of 2018 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 NBWA 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 9th November, 2022 in C.T. Case No.806 of 2018 arising out of Nayapalli P.S. Case No.85 of 2018 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