Criminal Misc. Application under Section 482 Cr.P.C. to quash non-bailable warrant (N.B.W.(A)) issued for non-appearance. Application refused; petitioner directed to surrender to obtain bail.
Direction to surrender within three weeks for bail. No arrest during this period barring further default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRLMC No.718 of 2019
02. 02.04.2019
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 24.03.2017 passed by the learned SDJM, Nayagarh in GR Case No.16 of 2004 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 three 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 as he stated to be on bail for the alleged offences.
However, the aforesaid is subject to verification of the fact that the petitioner was earlier released on bail, but for his non-appearance, N.B.W.(A) has been issued against him.
Till the aforesaid date, i.e. either the date of appearance before the trial Court or on expiry of three weeks, whichever is earlier, the petitioner shall not be arrested pursuant to the N.B.W.(A) issued
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.
Urgent certified copy of this order be granted on proper application.
………………… S.Pujahari, J.
RKS
2
1 issue framed by the court
Whether the order of issue of N.B.W.(A) against the petitioner for non-appearance should be quashed.
1 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
