Chiku @ Pravat Kumar Singh @ Pravat Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 2984 of 2021 Chiku @ Pravat Kumar Singh @ Pravat Singh ....

Petitioner Mr. Soubhagya Kumar Dash, Advocate

Versus

State of Odisha ....

Opposite Party Mr. S.S. Pradhan, A.G.A.

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

11.01.2022 01.

This matter is taken up through virtual mode. Heard Mr. Soubhagya Kumar Dash, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.

In this application under Section 482 Cr.P.C., the order dated 18.09.2019 passed by the learned S.D.J.M., Anandapur in G.R. Case No. 54 of 2013 corresponding to Anandapur P.S. Case No.09 of 2013, issuing N.B.W. of arrest against the petitioner has been challenged.

It appears from a perusal of the record that the petitioner was on bail but due to non-appearance on the date fixed and failure to take steps, the case was split up against him and NBW was issued against him on 18.09.2019.

Learned counsel for the petitioner submits that the petitioner is a daily labourer and was not informed about the next date by his counsel, for which he could not appear on the date fixed. He further submits that the petitioner is ready and willing to

// 2 // cooperate with the learned trial court for early disposal of the trial, if the impugned order is set aside.

Although, I find no illegality in the impugned order but in order to secure the attendance of the accused-petitioner- Chiku @ Pravat Kumar Singh @ Pravat Singh during trial, it is directed that subject to the petitioner depositing an amount of Rs.1000/- (Rupees One Thousand only) in the Welfare Fund of Orissa High Court Bar Association as cost and producing the receipt as proof of such deposit along with an application for bail, at the time of his surrender, before the learned court in seisin over the matter, he shall be released on bail by the said court on such terms and conditions as would be fixed by the said Court with a further condition that the petitioner shall appear before the learned trial Court on each date when the case is fixed for trial. The petitioner shall surrender before the said court within six weeks from today.

With the aforesaid observations, the CRLMC is disposed of. In view of the restrictions due to resurgence of COVID-19 situation, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020, modified by Notice No. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

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(Savitri Ratho) Judge puspa