Tuta@Pradeep Kumar Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 4100 of 2022 Tuta @ Pradeep Kumar Barik ....

Petitioner Mr. Debasnan Das, 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 petitioner and learned counsel for the State.

2.

Instant petition under Section 482 Cr.P.C. is filed by the petitioner challenging the order dated 27th October, 2022 passed by the learned 2nd Additional Sessions Judge, Cuttack in S.T. Case No.175 of 2019 on the grounds stated therein.

3.

Perused the copy of the FIR as Annexure-1 and copy of the order sheet as at Anneuxre-2.

4.

It is submitted by the learned counsel for the petitioner that the petitioner was earlier on bail but he failed to turn up on the date fixed, whereafter, the order of NBWA has been issued. 5.

Considering the submissions of the learned counsel for the parties and having regard to the fact that petitioner did not turn up at the time of call, learned court below took coercive action against him

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 petitioner 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 petitioner to surrender before the learned 2nd Additional Sessions Judge, Cuttack on or before 16th January, 2013 in S.T. Case No.175 of 2019 and in the event he surrenders within the time stipulated, the court below shall release him 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