Application under Section 482 Cr.P.C. to quash N.B.W.(A) order dismissed. Court allowed surrender within six weeks for bail if petitioners cooperate with trial and were not earlier released on bail for same offences.
Leave to surrender within six weeks for bail subject to cooperation and prior non-appearance verification.
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.2674 of 2019
Heard, the learned counsel for the petitioners and the learned counsel for the State.
This application under Section 482 of Cr.P.C. has been filed by the petitioners with a prayer to quash the order dated 17.06.2019 passed by the learned J.M.F.C., Niali in G.R. Case No.196 of 1997 wherein N.B.W.(A) has been issued against them.
Considering the facts and submissions made, I am not inclined to quash the impugned order. However, it is open to the petitioners to surrender before the Court in seisin over the matter within six weeks hence and if they surrender and move for bail, the Court in seisin over the matter shall allow them to go on bail on such terms and conditions including the condition that they shall cooperate with the trial.
However, the aforesaid is subject to verification of the fact that the petitioners were earlier released on bail for the self same offences or any graver offence, but for their non-appearance, N.B.W.(A) has been issued against them.
It is made clear that in spite of this order, if the petitioners after their release again make default in appearance, in the next coercive steps to be taken to procure their 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 petitioners 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 impugned N.B.W.(A) order should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Petitioners
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
