Susanta Kumar Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.3892 of 2022 Susanta Kumar Dash ....

Petitioner Mr. S.K. Dash, Advocate -VersusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

12.12.2022 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 order of issuance of NBWA dated 29th August, 2017 directed by the court of learned J.M.F.C., Purushottampur on the grounds stated therein. 3.

Perused the impugned order dated 29th August, 2017 as at Anexure-3.

4.

Learned counsel for the petitioner submits that the petitioner was on bail but on the date fixed, he could not appear and no step was either taken on his behalf by the engaged counsel, for which, the court below issued NBWA against him fixing the case to 26.10.2017 for his production and considering the same, appropriate order may be passed.

5.

Though the Court does not find any wrong or error being committed by the learned court below while issuing NBWA on account of default of the petitioner but then having regard to the fact that he was on bail, it is of the view that in the facts and circumstances of the case, the petitioner should be allowed to surrender and go on bail with conditions.

6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned J.M.F.C., Purushottampur on or before 23rd December, 2022 in connection with G.R. Case No.85 of 2013 and in the event he surrenders, the court shall release him on bail with conditions as deemed just and proper in the facts and circumstances of the case. 8.

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