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Orissa High CourtBLAPL/10179/2021disposed off

Jhula Behera@ Jhulia Behera v. State Of Odisha

2022-02-03Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10179 of 2021 Jhula Behera @ Jhula Behera ...

Petitioner Mr. Achyutananda Pattanaik, Advocate - Versus - State of Odisha ...

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

03.02.2022 Order No.

1.

1.

This matter is taken up through virtual mode. 2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner was earlier on bail for order passed by this Court in BLAPL No. 22970 of 2010. However, because of his non-appearance on the date fixed, i.e. on 12.09.2017 in the Court below, non-bailable warrant of arrest was issued against him, on the basis of which he was arrested. His bail application was rejected by learned Court below vide order dated 10.11.2021.

4.

Having regard to the fact that the petitioner was earlier on bail and he defaulted in appearing before the Court only on one date, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall not default further in appearance before the Court below.

5.

BLAPL is accordingly disposed of.

6.

As the restrictions due to resurgence of Covid-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587, dated 25th March, 2020, modified by Notice No. 4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) A.K. Rana Judge