Hamira Bhoi v. State of Odisha
Case brief
What is this about?
The court disposed of a criminal miscellany application seeking quashing of a non-bailable warrant. It declined to quash the warrant but allowed bail upon surrender within four weeks, conditional on prior compliance verification and future court appearance.
What did the court decide?
Petitioner allowed to surrender within four weeks for bail; warrant not quashed.
What the court decided
A compact analysis
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CRLMC No.2050 of 2019
- 13.08.2019 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 28.07.2014 passed by the learned Addl. Sessions Judge, Titilagarh in GR Case No.258 of 2011 issuing N.B.W.(A) against the petitioner.
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 four 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 selfsame 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. No further extension of time with regard to surrender of the petitioner shall be allowed in any circumstances.
With the aforesaid order, this CRLMC stands disposed of.
Urgent certified copy of this order be granted on proper application.
Issues for consideration
2 issues framed by the court
Whether the application for quashing the N.B.W.(A) issued against the petitioner for non-appearance should be allowed.
Whether the petitioner can be granted bail on surrender within the specified time frame subject to verification of prior bail status.
Parties & counsel
- petitioner
Petitioner
- respondent
The State
Coram
S.Pujahari
Case details
As recorded by the court registry
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