Ananta Sagaria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2768 of 2021 Ananta Sagaria ....

Petitioner Mr. A.K. Jena, Advocate -versusState of Odisha .... Opposite Party Mr. Karunakar Gaya, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

24.01.2022 Order No.

01.

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 03.12.2021 passed by the learned Adhoc Addl. District and Sessions Judge (FTSC), Malkangiri in T.R. No.02/2018(T), issuing N.B.W. against him.

4. Learned counsel for the petitioner submits that the petitioner was granted on bail on 09.07.2018 in BLAPL No.1755 of 2018 by this Court. However, due to illness, the petitioner has failed to appear before the court in the trial on the date fixed. Hence, N.B.W. was issued against him on 03.12.2021.

5. Keeping in view the aforesaid submissions and the facts of the case, the present petitioner is directed to surrender before

// 2 // the court in seisin over the matter within a period of 10 (ten) days hence. Upon his surrender, the court in seisin over the matter shall consider for releasing him on bail with some stringent conditions so as to ensure his regular attendance on each date of posting of the trial.

6. In view of above, the order of issuance of N.B.W. against the petitioner on 03.12.2021 in T.R. No.02 of 2018(T) is hereby quashed. Accordingly, the CRLMC is disposed of.

7. 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