Nimesh Kumar Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2995 of 2022 Nimesh Kumar Mishra ....

Petitioner Mr. S.C. Puspalaka, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

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 for quashing of the issuance of NBWA dated 9th August, 2022 directed by the court of learned ACJM-cum-ASJ, Bhubaneswar on the grounds stated therein.

3.

Perused the impugned order dated 9th August, 2022 as at Anexure-1.

4.

Learned counsel for the petitioner submits that the petitioner was on bail but on the date fixed, he could not appear and no step was either taken on his behalf by the engaged counsel, for which, the court below issued NBWA against him fixing the case to 15.10.2022 for his production and considering the same, appropriate order may be passed.

5.

The Court does not find any wrong or error being committed by the learned court below while issuing NBWA on account of default of the petitioner but then having regard to the fact that he was on bail, it is of the view that in the facts and circumstances of the case, the petitioner should be allowed to surrender and go on bail with conditions.

6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned ACJM-cum-ASJ, Bhubaneswar on or before 18th November, 2022 in Crl. Trial Case No.279 of 2017 and in the event of his surrender, the court shall release him on bail with conditions as deem just and proper. 8.

Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Tudu