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Orissa High CourtCRLMC/3671/2022disposed off

Rama Chandra Patra v. State Of Odisha

2022-12-08Mr. Justice R.K.Pattanaik2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3671 of 2022 Rama Chandra Patra ....

Petitioner Mr. S.R. Rout, Advocate -VersusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

08.12.2022 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 for quashing of the issuance of NBWA dated 8th August, 2022 directed by the court of learned Sessions Judge-cum-Special Judge, Cuttack on the grounds stated therein. 3.

Perused the impugned order dated 8th August, 2022 i.e. Anexure-2.

4.

Learned counsel for the petitioner submits that the petitioner was on bail by virtue of this Court's order in BLAPL No.9019 of 2020 but subsequently on 8th August, 2022, since he was absent, for which, the court below issued NBWA against him. Though the Court is not to interfere with the impugned order i.e. Annexure-2, however, inclined to direct the petitioner to surrender and to go on bail subject to conditions in the facts and circumstances of the case.

5.

Accordingly, it is ordered.

6.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned Sessions Judgecum-Special Judge, Cuttack on or before 22nd December, 2022 in 2(a) CC Case No.22 of 2020 and in the event he surrenders, the court below shall release him on bail with conditions as deemed just and proper.

7.

Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU