Disposed

Rabi@Rabindra Ku.Rauta v. State of Orissa

Orissa HC14 Oct 2015CRLMC/3826/2015

Case brief

AI extract

What is this about?

Petitioner challenged a non-bailable warrant issued for his non-appearance, citing a communication gap. The Court held the order was not illegal but directed that if the petitioner surrenders by 31.10.2015, he shall be released on bail.

What did the court decide?

If the petitioner surrenders by 31.10.2015 and files for bail, he shall be released on bail upon compliance with prior terms.

2. This application under Section 482 of Cr.P.C. has been filed by the petitioner challen ging the order dated 06.8.2014 passed by the learned Addl. Sessions Judge, Bhanjanagar in S.T No.16 of 2011 arising out of G.R Case No.399 of 2010 issuing Non Bailable Warrant of Arrest ag ainst the petitioner for his non-appearance in court on the aforesaid date.

3. On perusal of the records, it appears that the petitioner was earlier released on bail a nd on 06.8.2014 to which date the aforesaid case was posted, as he was absent the court below by the impugned order issued NBWA against the petitioner. There is no illegality in the impug ned order.

4. Learned counsel appearing for the petitioner submits that earlier the petitioner was released on bail and due to communication gap for the first time he defaulted in appearing bef ore the court below. He further submits that on all other earlier occasions, he was either app earing before the court in person or taking steps through counsel. He also submits that non-ap pearance of the petitioner before the court below on 06.8.2014 was neither intentional nor del iberate. It is stated that the petitioner is ready and willing to appear before the court belo w on the next date to which the case stands posted for trial.

or before 31.10.2015 and files an application for bail, he shall be released on bail b y the court below on such terms and conditions of his earlier bail with an undertaking that he will appear before the court below as and when required and shall cooperate for early conclus ion of trial.

Rabi@Rabindra Ku.Rauta v. State of Orissa

Case brief

What is this about?

What did the court decide?

Rabi@Rabindra Ku.Rauta 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

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Case details

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