Golekha Guman Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3757 of 2022 Golekha Guman Singh and Another ....

Petitioner Mr. Saroj Kumar Dash, Advocate -VersusState of Odisha ....

Opposite Party Mr. Tapas Kumar Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

13.12.2022 Order No.

01.

1.

Learned counsel for the petitioners is permitted to carry out necessary corrections in the cause title as well as prayer portion of the petition in the Court itself.

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioners challenging the order dated 7th March, 2020 passed by the learned A.S.J. (Women Court), Khordha in G.R. Case No.1509 of 2011(A) arising out of Jankia P.S. Case No.234 of 2011 for having issued non-bailable warrant of arrest against the petitioners on the grounds stated therein.

3.

Perused the copy of the order as at Annexure-2. 4.

It is submitted by the learned counsel for the petitioners that the petitioners were earlier on bail but they failed to turn up on the date fixed, whereafter, the order of NBWAs have been issued. 5.

Considering the submissions of the learned counsel for the parties and having regard to the fact that petitioners did not turn up at the time of call, learned court below took coercive action against them and hence, the impugned order under Annexure-2 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 petitioners 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 petitioners to surrender before the learned A.S.J. (Women Court), Khordha on or before 22nd December, 2022 in G.R. Case No.1509 of 2011(A) arising out of Jankia P.S. Case No.234 of 2011 and in the event they surrender, the court below shall release them 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