Kuna Dalai v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3227 of 2022 Kuna Dalai Petitioner Mr. A.K.Sarangi, Advocate -VersusState of Odisha ....
Opposite Party Mr. S.S. Mohapatra, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
14.11.2022 Order No.
01.
1.
Heard learned counsel for the petitioner and learned counsel for the State.
2.
The present petition is filed under Section 482 Cr.P.C. against the order of issuance of NBWA vis-à-vis the petitioner in connection with C.T. Case No. 1497 of 2021 arising out of Kuakhia P.S. Case No. 252 of 2021 pending before the court of learned SDJM, Jajpur on the grounds stated therein.
3.
Perused the impugned order which is at Annexure-1. 4.
Learned counsel for the petitioner submits that the petitioner was on bail by this Court in the year 2021 but subsequently, NBWA has been issued against him by order dated 23rd September, 2022 as he defaulted in appearance but such default was unintentional. It is further submitted that due to non-appearance, 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 does not find any error or legal infirmity in the impugned order dated 23rd September, 2022, inasmuch as, the learned court below rightly passed the order since the petitioner defaulted on the date fixed, however, in the facts and circumstances of the case, 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 disposed of with a direction to the petitioner to surrender before the court of learned S.D.J.M., Jajpur Sadar on or before 30th November, 2022 C.T. Case No. 1497 of 2021 arising out of Kuakhia P.S. Case No. 252 of 2021 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