Sunil Kumar Lohar@Sunil Lohar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3400 of 2022 Sunil Kumar Lohar @ Sunil Lohar and Others ....

Petitioners Mr. P.S. Das, Advocate -VersusState of Odisha and Another ....

Opposite Parties Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

18.11.2022 Order No.

01.

1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioners for quashing of the issuance of NBWAs dated 23rd July, 2022 directed by the court of learned J.M.F.C., Khariar on the grounds stated therein.

3.

Perused the impugned order dated 23rd July, 2022 as at Anexure-2.

4.

Learned counsel for the petitioners submits that the petitioners were on bail but on the date fixed, they could not appear and no step was either taken on their behalf by the engaged counsel, for which, the court below issued NBWAs against them

fixing the case to 26.08.2022 for their production and considering the same, appropriate order may be passed.

5.

Though the Court does not find any wrong or error being committed by the learned court below while issuing NBWAs on account of default of the petitioners but then having regard to the fact that they were on bail, it is of the view that in the facts and circumstances of the case, the petitioners 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 petitioners to surrender before the learned J.M.F.C., Khariar on or before 9th December, 2022 in C.T. Case No.400 of 2021 and in the event of their surrender, the court shall release them on bail with conditions as deemed just and proper.

8.

An urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge Tudu