Laba Suna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3123 of 2022 Laba Suna ....

Petitioner Mr. Sachidananda Dash, Advocate -VersusState of Odisha ....

Opposite Party Mr. Sitikanta Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

18.11.2022 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 16th March, 2022 passed by the learned ASJ-Women's Court, Rayagada in C.T. No.40 of 2020 arising out of K. Singhpur P.S. Case No.122 of 2020 for having issued non-bailable warrant of arrest against him on the grounds stated therein.

3.

Perused the copy of the FIR at Annexure-1.

4.

It is submitted by learned counsel for the petitioner that petitioner was earlier on bail vide order dated 7th October, 2020 but he failed to turn up on the date fixed, whereafter, the order of NBWA has been issued.

5.

Considering the submissions of the learned counsel for the parties and having regard to the fact that petitioner did not turn up at the time of call, learned court below took coercive action against him and hence, the impugned order under Annexure-1 cannot be said to have suffered from any legal infirmity. However, at this juncture, in the facts and circumstances of the case, the Court is also of the view that the petitioner should be directed to surrender before the court below and released 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 ASJ-Women's Court, Rayagada on or before 2nd December, 2022 in C.T. No.40 of 2020 arising out of K. Singhpur P.S. Case No.122 of 2020 and in the event he surrenders, the court below shall release him on bail with conditions keeping in view the facts and circumstances of the case. 8.

Issue urgent certified copy of this order on proper application. (R.K. Pattanaik) Judge U.K.Sahoo