Ratnakar Moharana v. State of Orissa
Case brief
What is this about?
Single judge passed a criminal miscellaneous order regarding a non-bailable warrant issued due to non-appearance.
What did the court decide?
Directed petitioners to surrender within two weeks to obtain bail on appropriate conditions.
What the court decided
CRLMC NO. 4381 of 2015
08.10.2015 Heard learned counsel for the petitioners and learned Add. Government Advocate
.
Petitioners have filed this application under Section 482 Cr.P.C. challenging
the order dated 17.12.2013 passed by the learned District & Sessions Judge-cum-Special Judge,
Jajpur in connection with C.T.(Spl.) Case No. 180 of 2011 issuing N.B.W. against the petitione
rs. The offence alleged against the petitioners is under Sections 341/323/324/294/506/34 of th
e I.P.C. read with Section 3 of SC/ST (PA) Act.
Learned counsel for the petitioners submits that due to non-appearance of the
petitioners before the court below on 17.12.2013, N.B.W. was issued against them. He further s
ubmits that petitioners were not aware about the posting of the case due to gap of communicati
on. They are ready and willing to abide by any terms and conditions imposed by the court and t
o appear before the court as and when required.
Considering the aforesaid submissions, this Court directs that in case the pet
itioners surrender within a period of two weeks from today in connection with C.T.(Spl.) Case
No. 180 of 2011 before the learned District & Sessions Judge-cum-Special Judge, Jajpur and mov
e for bail in such event they shall be released on bail on such terms and conditions as deemed
fit and proper with an
undertaking that as and when required they shall appear before the court. Petitioners shall co
operate for early conclusion of the trial.
The Criminal Misc. Case is disposed of.
Issues for consideration
1 issue framed by the court
Whether the under trial petitioners should be granted bail and released on appropriate conditions considering their failure to appear in the subordinate court.
Parties & counsel
- petitioner
Petitioners
- respondent
State
Coram
S. Panda
Case details
As recorded by the court registry
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