Niranjan Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2539 of 2021 Niranjan Pradhan ....

Petitioner Mr. B.R. Tripathy, Advocate -versusState of Odisha .... Opposite Party Mr. Karunakar Gaya, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

24.01.2022 Order No.

02.

1. The matter is taken up through video conferencing mode.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner has filed this application under Section 482 of the Cr.P.C. to quash the order dated 22.09.2021 passed by the learned SDJM, Rairakhol in G.R. Case No.382 of 2001 issuing N.B.W. against him.

4. Learned counsel for the petitioner submits that the petitioner was granted bail on 11.01.2002 in Criminal Misc. Case No.16 of 2002 by the Sessions Judge, Sambalpur. The petitioner was regularly attending the court without any default. However, due to certain personal difficulty, he could not appear on 21.04.2014 and later on 22.09.2021. Hence, N.B.W. was issued for securing his presence. Now, he has challenged the order

// 2 // dated 22.09.2021 passed by the learned SDJM, Rairakhol in the aforesaid case. As the petitioner could not appear nor any step was taken by the lawyer engaged by him on the date fixed, the N.B.W. was issued on 22.09.2021.

5. Considering the aforesaid submissions and the facts of the case, the order dated 22.09.2021 passed in G.R. Case No.382 of 2001 is hereby quashed.

6. The petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case within a period of fifteen days hence. Upon his surrender, the court shall grant him bail with some stringent conditions so as to ensure his regular attendance on each date of posting of the trial.

7. The CRLMC is accordingly disposed of.

8. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Office Order dated 7th January, 2022. (S.K. Panigrahi) Judge PCD