Litua@Snehasis Patra@Snehansu Ranjan Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3116 of 2022 Litua @ Snehasis Patra @ Snehansu Ranjan Patra ....

Petitioner Mr. B.K. Dash, Adv

Versus

State of Odisha ....

Opposite Party Mrs. S. Pattanaik, AGA

CORAM:

JUSTICE SAVITRI RATHO

ORDER

11.11.2022 Order No.

01.

(Through hybrid mode)

1. As Mr. Dash, learned counsel for the petitioner submits that he is ready and willing to file the translated copy of English translations at the time of requirement, defect No.19 pointed out by the Stamp Reporter is ignored.

2. This application under Section 482 Cr.P.C. has been filed challenging the order dated 16.07.2018 passed by the learned JMFC(R), Cuttack in G.R. No. 310 of 2016 arising out of Govindpur P.S. Case No. 15 of 2016, issuing NBW of arrest against the petitioner.

3. Mr Biplab Kumar Dash, learned counsel for the petitioner submits that the offences alleged against the petitioner are under Sections 341/294/323/506/427/34 IPC and apprehending arrest, the petitioner had filed ABLAPL No. 3404 of 2016 along with three others, which has been disposed of by order dated 18.04.2016 directing release of the petitioner therein on bail in the event of arrest in Govindpur P.S. Case No. 15 of 2016 by the arresting

// 2 // officer on such terms and conditions as deemed just and proper. But they have not been arrested by the arresting officer and charge sheet dated 16.09.2016 was filed against them showing them as absconders for which the learned JMFC, Cuttack, issued NBW of arrest against them.

4. Although I find illegality in the order dated 16.07.2018 passed by the learned JMFC (R), Cuttack, but considering the submission of the learned counsel for the petitioner that petitioner is ready and willing to surrender before the learned court below by 02.12.2022 and cooperate with the trial, and co-accused Litua @ Subrat Patra who stands on similar footing has been granted bail, it is directed that if the petitioner surrenders before the learned JMFC (R), Cuttack on or before 02.12.2022 and moves an application for bail, the learned JMFC(R), Cuttack shall dispose of the said application on the same day considering the fact that the petitioner had been granted anticipatory bail by this court and co-accused Litua @ Subrat Patra has been released on bail.

5. This CRLMC is disposed of with the aforesaid observation.

6. Urgent certified copy be granted on proper application. .........................

(Savitri Ratho) Judge Sangram