Gopal Jena v. State of Odisha
Case brief
What is this about?
A CRL.M.C. application under Section 482 of Cr.P.C. was disposed of. The High Court declined to quash the non-bailable warrant but disinclined to quash the order.
What did the court decide?
Application disposed of; liberty to surrender within six weeks to seek bail on specified terms.
What the court decided
CRLMC No.795 of 2019
- 19.08.2019
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 3.11.2017 passed by the learned Assistant Sessions Judge, Jaleswar in S.T. Case No.11 of 2015 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.
Issues for consideration
2 issues framed by the court
Whether the impugned order issuing non-bailable warrant should be quashed.
Conditions under which the petitioner can surrender and move for bail despite previous default.
Parties & counsel
- appellant
Petitioner
- respondent
State
Coram
S. Pujahari
Case details
As recorded by the court registry
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