The Court declined to quash the Non-Bailable Warrant issued against the petitioner. It permitted surrender within six weeks for bail cooperation, subject to verification of prior bail default history.
Petitioner permitted to surrender within six weeks and seek bail with cooperation conditions.
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CRLMC No.2281 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 16.07.2019 passed by the learned A.S.J., Chatrapur in S.T. Case No.234/2017(A) 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
1 issue framed by the court
Whether the application for quashing of the order issuing NBW against the petitioner should be allowed.
1 provisions across 1 enactments
Petitioner
State
S.Pujahari
As recorded by the court registry
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