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Orissa High CourtCRLMC/3468/2022disposed off

Manbodh Santa v. State Of Odisha

2022-12-02Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3468 of 2022 Manbodh Santa ....

Petitioner Mr. Rajib Lochan Pattnaik, Advocate -VersusThe State of Orissa ....

Opposite Party Mr. Sitikanta Mishra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

02.12.2022 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 22nd June, 2022 passed by the learned Civil Judge-cum-Judicial Magistrate First Class, Jharigaon, Nabarangpur in G.R. Case No.352 of 2018 arising out of Jharigaon P.S. Case No.67 of 2018 for having issued non-bailable warrant of arrest against the petitioner on the grounds stated therein.

3.

Perused the copy of the FIR at Annexure-1 and certified copy of the order as at Annexure-2 series.

4.

It is submitted by the learned counsel for the petitioner that the petitioner was earlier on bail 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-2 series 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 Civil Judge-cumJudicial Magistrate First Class, Jharigaon, Nabarangpur on or before 20th December, 2022 in G.R. Case No.352 of 2018 arising out of Jharigaon P.S. Case No.67 of 2018 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