Deepak Ku.Nayak v. State of Odisha
Case brief
What is this about?
CRLMC regarding quashing of an order issuing a non-bailable warrant. The Single Judge declined to quash the order but permitted the petitioner to surrender within six weeks on bail subject to cooperation with the trial court.
What did the court decide?
Petitioner permitted to surrender within six weeks and move for bail on terms of cooperation; NBW not quashed.
What the court decided
A compact analysis
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CRLMC No.2443 of 2019
- 20.01.2020
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 07.12.2018 passed by the learned J.M.F.C.(P), Kujang in G.R. Case No.737 of 2011 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 or any graver offence, 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 to be taken to procure his attendance, 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
1 issue framed by the court
Whether to quash the order issuing non-bailable warrant against the petitioner for failing to cooperate with the trial.
Parties & counsel
- petitioner
The Petitioner
- respondent
The State
Coram
S. Pujahari
Case details
As recorded by the court registry
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