Petitioner applied to quash an order issuing Non-Bailable Warrant. Court refused to quash but directed surrender within six weeks for bail subject to cooperation terms and verification of previous evasion.
Petitioner directed to surrender within six weeks to obtain bail on condition of cooperation.
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CRLMC No.1666 of 2019
Heard, the learned counsel for the petitioner and the learned counsel for the State.
This application under Section 482 of Cr.P.C. has been filed by the petitioner with a prayer to quash the order dated 22.3.2017 passed by the learned Special Judge, Balasore in Special Case No.52 of 2014 wherein N.B.W.(A) has been issued against him.
Considering the facts and submissions made, I am not inclined to quash the impugned order. However, it is open to the petitioner to surrender before the Court in seisin over the matter within six weeks hence and if he surrenders and moves for bail, the Court in seisin over the matter shall allow him to go on bail on such terms and conditions including the condition that he shall cooperate with the trial.
However, the aforesaid is subject to verification of the fact that the petitioner was earlier released on bail for the self same offences, but for his non-appearance, N.B.W.(A) has been issued against him.
It is made clear that in spite of this order, if the petitioner after his release again makes default in appearance, in the next coercive steps taken, this fact also be reflected by the trial court.
It is further made clear that no further extension of time with regard to surrender of the petitioner shall be granted in any circumstances.
With the aforesaid order, this CRLMC stands disposed of.
Urgent certified copy of this order be granted on proper application.
………………….. S.Pujahari, J.
DA
2 issues framed by the court
Whether the order issuing Non-Bailable Warrant against the petitioner should be quashed under Section 482 CrPC?
Whether the petitioner can be granted bail upon surrender within a stipulated timeframe after the quashing of the impugned order?
1 provisions across 1 enactments
Petitioner
State
S.Pujahari
As recorded by the court registry
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