Allowed

Trilochan Behera v. State of Orissa

Orissa HC25 Oct 2021CRLMC/421/2021

Case brief

AI extract

What is this about?

The High Court of Orissa, by a CRLMC application filed under Section 482 Cr.P.C., quashed a Non-Bailable Warrant issued against the petitioner for non-appearance. The non-appearance was attributed to genuine illness. The petitioner was directed to surrender within three weeks to continue on previous bail.

What did the court decide?

Impugned order relating to issuance of NBW is quashed. Petitioner directed to surrender within three weeks to continue on previous bail.

Trilochan Behera Vs State of Orissa — Quashing and FIR | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.421 of 2021

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Trilochan Behera

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…. Petitioner

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Mr. Rabindra Nath Panda, Advocate

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-versus-

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….
State of Odisha Opposite Party
Mr.P.K.Maharaj,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
25.10.2021.
Order No.

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1. This matter is taken up through hybrid mode.

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Heard Mr. Rabindra Nath Panda, learned counsel for the Petitioner, and Mr. P.K.Maharaj, 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 S.T. Case No. 480 of 2011 in the court of 2^nd Addl. Sessions Judge, Cuttack and is facing trial for the offence under Section 376 of the Indian Penal Code.

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// 2 //

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He was released on bail by order passed by the learned S.D.J.M., (S), Cuttack. Subsequently, the case was committed to the court of Session.

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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 1^st February, 2016 learned court below directed issuance of N.B.W. against him, which is impugned in the present application.

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Mr. Rabindra Nath Panda, learned counsel for the Petitioner submits that non-appearance 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. The impugned order in so far as it relates to issuance of NBW against the Petitioner-Trilochan Behera is hereby quashed. The Petitioner-Trilochan Behera is directed to surrender before the trial court within a period of three 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 fixed by the trial court.

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The CRLMC is disposed of.

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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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Trilochan Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Trilochan Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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