The Court, exercising powers under Section 482 Cr.P.C., directed that the petitioners be released on bail if they surrender within four weeks. Arrests pursuant to N.B.W. (A) are stayed during this period, subject to conditions regarding prior bail default.
Release on bail upon surrender within four weeks; stay of arrest pursuant to N.B.W. (A).
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CRLMC No.1081 of 2019
This application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the order dated 20.07.2018 passed by the learned SDJM, Athagarh in CT Case No.186 of 2013 issuing N.B.W.(A) against the petitioners.
It appears that the petitioners were on police bail after arrest but thereafter, did not appear before the court concerned pursuant to the summon issued and the N.B.W.(A)s have been issued against them.
Considering the facts and submissions made, this Court directs that if the petitioners surrender before the court in seisin over the matter within four weeks hence and make a motion for bail, they shall be released on bail on such terms and conditions as it may deem just and proper notwithstanding issuance of N.B.W.(A) including the condition that they shall cooperate with the trial. It is made clear that no further extension of time with regard to the surrender of the petitioners shall be granted in any circumstances.
However, the aforesaid is subject to verification of the fact that the petitioners were earlier released on bail in the self-same offences, but for their non-appearance, N.B.W.(A)s have been issued against them.
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 petitioners shall not be
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arrested pursuant to the N.B.W.(A) issued.
It is further made clear that in spite of this order, if the petitioners after their release again make default in appearance, in the next coercive steps taken, this fact also be reflected by the trial court.
The CRLMC is accordingly, disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.Pujahari, J.
1 issue framed by the court
Whether this Court is competent to grant bail to the petitioners despite the issuance of N.B.W. (A) upon their surrender within a specified time.
1 provisions across 1 enactments
Petitioners
State
S. Pujahari
As recorded by the court registry
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