Allowed

Krutibas Pradhan@Padhan v. State of Odisha

Orissa HC25 Nov 2021CRLMC/416/2020

Case brief

AI extract

What is this about?

Petitioner, an accused on bail in the State of Odisha, sought to quash an impugned NBW for non-appearance. The Court accepted his explanation of genuine illness, allowed the quashing of the warrant, ordered a cost of Rs. 1000, and directed surrender within two weeks to resume bail.

What did the court decide?

Quashed the issuance of NBW; directed payment of Rs. 1000 cost; directed surrender within two weeks to resume bail.

Krutibas Pradhan@Padhan Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.416 of 2020

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…. Krutibas Pradhan @ Padhan

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Petitioner

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Mr. B.S.Dasparida, Advocate

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-versus-

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….
State of Odisha Opposite Party
Mr.M.K.Mohanty,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
25.11..2021.
Order No.

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1. This matter is taken up through hybrid mode.

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Heard Mr. B.S.Dasparida, learned counsel for the Petitioner, and Mr. M.K.Mohanty, learned Addl. Standing Counsel for the State.

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This is an application under Section 482 of the Cr.P.C. The Petitioner is an accused in G.R. Case No.137/2013 in the court of learned J.M.F.C., Binika. He was released on bail.

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Page 1 of 3

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// 2 //

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Perusal of the impugned order reveals that the Petitioneraccused did not appear on the date fixed for which by order dated 8^th October, 2013 learned court below directed issuance of N.B.W. against him, which is impugned in the present application.

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Learned counsel for the Petitioner submits that nonappearance of the Petitioner was not wilful or deliberate but entirely due to genuine and bonafide reasons of his illness and that he is willing to appear before the trial court without fail in future.

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Having regard to the submissions as above, the prayer is allowed subject to payment of cost of cost of Rs.1000/(Rupees One Thousand) only to the Orissa High Court Bar Association’s Welfare Fund within three working days. The impugned order in so far as it relates to issuance of NBW against the Petitioner is hereby quashed. The PetitionerKrutibas Pradhan @ Padhan is directed to surrender before the trial court within a period of two weeks and in such event, he shall be allowed to go on previous bail by furnishing fresh bail bond and surety for such amount as may be decided by the trial court.

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The CRLMC is disposed of.

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Page 2 of 3

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// 3 //

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) Judge

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AKB

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Page 3 of 3

Krutibas Pradhan@Padhan v. State of Odisha

Case brief

What is this about?

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Krutibas Pradhan@Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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