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Orissa High CourtCRLMC/2873/2022disposed off

Nabin@Narendra Guru v. State Of Odisha

2022-11-01Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2873 of 2022 Nabin @ Narendra Guru ....

Petitioner Mahes Das, Advocate -VersusState of Odisha ....

Opposite Party Mr. Tapas Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

01.11.2022 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. is filed by the petitioner challenging the order dated 6th September, 2022 passed by the learned S.D.J.M., Balliguda in C.T. Case No.352A of 2019 arising out of Balliguda P.S. Case No.132 of 2019 for having issued the non-bailable warrant of arrest against the petitioner on the grounds stated therein.

3.

Perused the FIR at Annexure-1 and copy of the impugned order under Annexure-3, whereby, learned court below issued NBWA against the petitioner due to his 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 the default and as the conducting counsel did not take any step, 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 learned S.D.J.M., Balliguda on or before 18th November, 2022 in C.T. Case No.352A of 2019 arising out of Balliguda P.S. Case No.132 of 2019 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 stands disposed of accordingly.

(R.K. Pattanaik) Judge Basudev