Kumdan Samal@Kumundan Samal v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3544 of 2022 Kumdan Samal @ Kumundan Samal ....
Petitioner Mr. S.K.Bhanjadeo, Advocate & Associates -VersusState of Odisha ....
Opposite Party Mr. T.K.Praharaj, SC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
07.12.2022 01.
1.
Heard learned counsel for the petitioner and learned counsel Order No.
for the State.
2.
The present challenge is to the issuance of NBWA by an order dated 14th December, 2021 passed in G.R. Case No. 72 of 2019 arising out of Chandili P.S. Case No. 184 of 2019 by the learned Nyayadhikari, Gram Nyayalaya, Kolnara, Rayagada on the grounds stated therein.
3.
Perused the impugned order which is at Anneuxre-1. 4.
Learned counsel for the petitioner submits that the petitioner was on bail in the year 2019 but subsequently, NBWA has been issued against him by order dated 14th December, 2021 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 14th December, 2021, 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, is of the view that 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 Nyayadhikari, Gram Nyayalaya, Kolnara, Rayagada on or before 22nd December, 2022 in connection with G.R. Case No. 72 of 2019 arising out of Chandili P.S. Case No. 184 of 2019 and in the event he surrenders, the court below shall release him on bail with conditions. 8.
An urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge kabita