Prakash Chandra Bhuyan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2935 of 2022 Prakash Chandra Bhuyan ....

Petitioner Mr. Amulya Ratna Panda, 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 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 10th June, 2022 passed by the learned Adhoc Additional District & Sessions Judge, (FTSC), Jeypore in T.R. Case No.184 of 2017 for having issued a non-bailable warrant of arrest against the petitioner on the grounds stated therein.

3.

Perused the FIR as at Annexure-1 and certified copy of the impugned order dated 10th June, 2022 i.e. Annexure-2. 4.

Learned counsel for the petitioner submits that the petitioner was released on bail on 21.02.2018 and subsequently NBWA was issued against him on 10.06.2022 since he defaulted in

appearance. It is further submitted that the petitioner could not know about the date fixed by the learned court below nor his Advocate had taken any step, as a result of which, the impugned order was passed and considering the fact that he was on previous bail, the petitioner should be directed to surrender and allowed to go on bail with conditions.

5.

The Court perused the order dated 10th June, 2022 but does not find any illegality being committed by the learned court below. In fact, the petitioner failed to turn up and on account of his default and since the defense counsel did not take any step on his behalf, the learned court below rightly issued the NBWA against him. However, at this juncture, the Court is of the view that in the facts and circumstances of the case, the petitioner should be directed to surrender before the court below and released on bail with conditions which instead would serve the purpose. 6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the court of learned Adhoc Additional District & Sessions Judge, (FTSC), Jeypore on or before 10th November, 2022 in T.R. Case No.184 of 2017 and in the event of his surrender, the court below shall release him on bail subject to conditions.

8.

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