Disposed

Dhanu@Dhaneswara Rout v. State of Orissa

Orissa HC5 Oct 2015CRLMC/3496/2015

Case brief

AI extract

What is this about?

Single judge court dismissed WRIT petition. Court directed petitioners to surrender within specified period and apply for bail on earlier terms to release them. Disposed CRLMC. No precedent cited. Procedural direction rather than substantive law.

What did the court decide?

Directed petitioners to surrender before JMFC by 16.10.2015 and file bail application to get released on earlier terms.

Dhanu@Dhaneswara Rout Vs State of Orissa — Civil Procedure and Limitation | Orissa HC (2015)

¶1

 CRLMC NO.3496 OF 2015

¶2

05.10.2015 Heard learned counsel for the petitioners and learned Addl. Government Advocate.

¶3

2. This application under Section 482 of Cr.P.C. has been filed by the petitioners challe
nging the order dated 18.6.2015 passed by the learned J.M.F.C., Narasinghpur in C.T No.36 of 2
009 issuing Non Bailable Warrant of Arrest against the petitioners for their non-appearance in
 court on the aforesaid date.

¶4

3. On perusal of the records, it appears that the petitioners were earlier released on bail and on 18.6.2015 to which date the aforesaid case was posted, as they were absent the court b elow by the impugned order issued NBWA against the petitioners. There is no illegality in the impugned order.

¶5

4. Learned counsel appearing for the petitioners submits that earlier the petitioners we re released on bail and due to communication gap for the first time they defaulted in appearin g before the court below. He further submits that on all other earlier occasions, they were ei ther appearing before the court in person or taking steps through counsel. He also submits tha t non-appearance of the petitioners before the court below on 18.6.2015 was neither intentiona l nor deliberate. It is stated that the petitioners are ready and willing to appear before the court below on the next date to which the case stands posted for trial.

¶6

5. Considering the above, this Court directs that if the petitioners surrender before the learned J.M.F.C., Narasinghpur in C.T No.36 of 2009 on or before 16.10.2015 and file an application for bail, they shall be released on bail by the court

¶7

below on such terms and conditions of their earlier bail with an undertaking that they will ap
pear before the court below as and when required and shall cooperate for early conclusion of t
rial.

¶8

 The CRLMC is accordingly disposed of.

¶9

S.Panda, J.

¶10

Dhanu@Dhaneswara Rout v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dhanu@Dhaneswara Rout v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subash Chandra Behera Vs State of Orissa

Chakradhar Karan Vs State of Odisha

Chhayash Ku.Choudhury Vs State of Orissa

Banamali Behera Vs nirupama pal

Pitabash Jena Vs State of Odisha

Debaki Bhoi Vs State of Orissa