This order dismisses a CRLMC by directing the petitioner to surrender before the learned court by a specified deadline, with bail to be granted on terms deemed proper, subject to no extension of the surrender date.
Petitioner to surrender before S.D.J.M., Sadar, Cuttack on or before 23.08.2017; bail to be granted by trial court on just terms.
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CRLMC No. 2187 of 2018
Heard learned Counsel for the petitioner and learned Additional Standing Counsel for the State.
Non-bailable warrant of arrest was issued against the petitioner on 25.09.2017, as the petitioner was found to be absent on calls and no step was taken on her behalf.
At this juncture, the petitioner having approached this Court under Section 482, Cr.P.C. with readiness to submit to the jurisdiction of the Court concerned, it would be in the interest of the trial to allow hes prayer. Such a course would also amount to giving effect to the order passed by the learned Court below under the Code, as N.B.W.A. issued against the petitioner is still lying unexecuted since 25.09.2017 and the trial is suffering unnecessary adjournments.
Regard being had to the aforesaid facts and submissions and for timely conclusion of the trial, the CRLMC is disposed of at the admission stage with the observation that the petitioner, if so advised, may surrender before learned S.D.J.M.,Sadar, Cuttack in G.R.Case. No. 1423 of 2012 on or before 23.08.2017, and in the event of his surrender and motion for bail, the petitioner may be admitted to bail on such terms and conditions as deemed just and proper by the learned Court below.
It is made clear that in no event the date of surrender shall be extended any further.
The CRLMC is accordingly disposed of. Urgent certified copy of this order be granted as per rules.
AKD
…………………………. C.R. Dash, J.
1 issue framed by the court
Whether to allow the petitioner's application under Section 482 Cr.P.C. to set aside the non-bailable warrant conditionally.
1 provisions across 1 enactments
Petitioner
State
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
