✦ Orissa High Court

Radhua @ Radhashyam Sahoo v. State of Odisha

ORISSA AT CUTTACK CRLMC No. 4837 of 2023CHITTARANJAN DASH

Case at a glance

Provisions considered

Key paragraphs

  • Para 66. The CRLMC is disposed of accordingly. Judge (Chittaranjan Dash) S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 23-Nov-2023 20:42:11

Judgment

Mr. S.R. Roul, ASC CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 22.11.2023

1.

Heard learned counsel for the Petitioner and the State.

2.

By means of the present application, the Petitioner has challenged the order dated 10.08.2022 passed by the learned 2nd Addl. Sessions Judge, Bhubaneswar in C.T. Case No.40/283 of 2017 arising out of Infocity P.S. Case No.72 of 2017, wherein the court has issued NBW against the Petitioner for his default in appearance on the date fixed.

3.

It is submitted by the learned counsel for the Petitioner that pursuant to the release of the Petitioner on bail, the Petitioner used to attend the court regularly. However, on his default in appearance on 10.08.2022, the learned Court has been pleased to issue NBWA against him.

4.

As seen from the record, this is a case of the year 2017 and NBWA has been issued against the Petitioner since 10.08.2022. It is submitted by the learned counsel that the Petitioner undertakes to // 2 // attend the court regularly in person on each date of posting of the case and he shall sincerely co-operate with the court for early disposal of the case.

5.

In that view of the matter, while quashing the impugned order of issuance of NBWA, it is directed that in the event the Petitioner surrenders before the court of learned 2nd Addl. Sessions Judge, Bhubaneswar in C.T. Case No.40/283 of 2017 within two weeks hence and moves a motion for bail, he shall be admitted to bail subject to depositing cash of Rs.1500/- (Rupees One Thousand Five Hundred) and on such terms and conditions as the court concerned deems fit and proper. In the event of filing of application U/s. 317 Cr.P.C during trial, the same would not be allowed in a routine manner, save and except by an express order of the court to its satisfaction.

6.

The CRLMC is disposed of accordingly. Judge (Chittaranjan Dash) S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 23-Nov-2023 20:42:11

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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