Jalia@Jaladhar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 3781 of 2022 Jalia @ Jaladhar Swain and Others ....

Petitioners Mr. Partha Sarathi Nayak, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S.Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

23.12.2022 Order No.

01.

1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioners challenging the order dated 26th May, 2016 passed by the learned S.D.J.M., Hindol in G.R. Case No.320 of 2008 arising out of Balimi P.S. Case No.134 of 2008 on the grounds stated therein. 3.

Perused the certified copy of the impugned order as at Annexure-1.

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 has 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-1 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 S.D.J.M., Hindol on or before 16th January, 2023 in G.R. Case No.320 of 2008 arising out of Balimi P.S. Case No.134 of 2008 and in the event they surrender within the time stipulated, the court below shall release them on bail with conditions as deem just and proper.

8.

Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge U.K.Sahoo