Sania Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3463 of 2022 Sania Das Petitioner Mr. Durga Prasad Dhal, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

16.11.2022 01.

1.

Heard learned counsel for the petitioner and learned counsel Order No.

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 G.R. Case No. 50 of 2018 arising out of Berhampur Sadar P.S. Case No. 119 of 2018 pending before the court of learned 2nd Additional Sessions Judge-cum-Special Judge, Ganjam, Berhampur on the grounds stated therein.

3.

Perused the impugned order which is at Annexure-3. 4.

Learned counsel for the petitioner submits that the petitioner was on bail by this Court in the year 2018 but subsequently, NBWA has been issued against him by order dated 13th June, 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 13th June, 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 2nd Additional Sessions Judge-cum-Special Judge, Ganjam, Berhampur on or before 2nd December, 2022 G.R. Case No. 50 of 2018 arising out of Berhampur Sadar P.S. Case No. 119 of 2018 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 kabtia