Allowed

Niranjan Naik v. State of Odisha

Orissa HC6 Dec 2018CRLMC/2945/2018

Case brief

AI extract

What is this about?

This order allows a Special Leave Petitioner seeking quashing of a non-bailable warrant issued for non-appearance during trial. The Court held that if the petitioner appears within four weeks to apply for bail on earlier terms, the warrant shall not be executed and bail may be granted.

What did the court decide?

Petitioner directed to appear within four weeks for bail; non-bailable warrant not to be executed before that date.

Niranjan Naik Vs State of Odisha — Bail and Remand | Orissa HC (2018)

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CRLMC No.2945 of 2018

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06.12.2018

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Heard the learned counsel for the petitioner and the learned counsel for the State.

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This application under Section 482 of Cr.P.C. has been filed by the petitioner with a prayer to quash the N.B.W. issued vide order dated 05.02.2018 against him by the learned Assistant Sessions Judge-cum-C.J.M., Nayagarh in S.T. Case No.93/129 of 2015.

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It appears that the petitioner, who has been indicted in the aforesaid case, was on bail, but did not appear during the trial. As such, N.B.W. has been issued against the petitioner vide order dated 05.02.2018. However, the petitioner has come forward to challenge the same, but during course of hearing, it is submitted by the learned counsel for the petitioner that the petitioner is ready and willing to surrender before the trial court and cooperate with the trial and, as such, the learned trial court may be directed to release him on bail on the same terms and conditions as imposed at the time bail.

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Considering the aforesaid facts and submissions made, especially the fact that the petitioner is ready and willing to surrender to custody of the court and cooperate with the trial, this CRLMC stands disposed of with an observation that if the petitioner appears before the trial court within a period of four weeks hence and make a motion for bail, the learned learned Assistant Sessions Judge-cum-C.J.M., Nayagarh shall allow him to go on bail on earlier bail bond and surety and if the same has been cancelled, the petitioner may be directed to furnish fresh bail bond with similar terms and conditions as earlier imposed along with a condition that he shall cooperate with the trial.

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Till the aforesaid date, i.e., either the date of appearance before the trial court or on expiry of four weeks, whichever is earlier, the petitioner shall not be arrested pursuant to the N.B.W. issued.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S.Pujahari, J.

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Niranjan Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Niranjan Naik v. State of Odisha

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

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