Amath Alli@Ahamad Khan@Amodh@Amath Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3108 of 2022 Amath Alli @ Ahamad Khan @ Amodh@ Amath Khan ....

Petitioner Mr. Radharaman Das Nayak, Advocate -VersusState of Odisha ....

Opposite Party Mr. Tapas Kumar Praharaj,SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

04.11.2022 01.

1.

Heard learned counsel for the petitioner and learned counsel Order No.

for the State.

2.

The present challenge is as to the issuance of NBWA by an order dated 20th June, 2017 passed in G.R. Case No. 89 of 2016 arising out of Dhenkanal Sadar P.S. Case No. 17 of 2016 by the learned S.D.J.M., Dhenkanal on the grounds stated therein. 3.

Perused the copy of the impugned order which is at Annexure-1.

4.

Learned counsel for the petitioner submits that the petitioner was on bail in the year 2016 but subsequently, NBWA was issued against him on 20th June, 2017. It is further submitted that the default of the petitioner was unintentional and not deliberate and therefore, the order should be recalled. It is further submitted that the petitioner

could not know about the date fixed by the learned court below, as a result of which, the impugned order was passed and considering the fact that he was on bail, he should be directed to surrender and allowed to go on bail with conditions.

5.

Having gone through the impugned order of issuing NBWA, the Court does not find any error or legal infirmity therein, as the learned court below correctly passed the order, however, having regard to the fact that he was on bail, the petitioner should be directed to surrender and released on bail subject to conditions imposed by the court below.

6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands dismissed. Regard being had to the facts and circumstances of the case, the petitioner is directed to surrender before the learned court of S.D.J.M., Dhenkanal on or before 23rd November, 2022 in G.R. Case No. 89 of 2016 arising out of Dhenkanal Sadar P.S. Case No. 17 of 2016 and in the event of his surrender, the court shall release him on bail with conditions. 8.

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