The High Court declined to quash a non-bailable warrant issued for the petitioner's non-appearance in a trial. It directed him to surrender within three weeks to be granted bail, subject to verification of prior bail status and cooperation with the trial.
Petitioner directed to surrender within three weeks to be granted bail on condition of cooperating with trial.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
CRLMC No.85 of 2020
Ajay Kapur … Petitioner - Versus -
State of Odisha and another … Opp. Parties
O R D E R
This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 21.5.2019 passed by the learned J.M.F.C., Jajpur Road in I.C.C. Case No.111 of 2017 wherein N.B.W. has been issued against him.
It is stated by learned counsel for the Petitioner that the Petitioner was allowed to release on bail by the trial court, but when he could not appear on the date fixed before the court below, NBW has been issued vide the impugned order against him. The petitioner is now ready and willing to cooperate with the trial.
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 three weeks hence and if he surrenders and moves for bail, the Court in seisin over the matter shall allow him to
2
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 selfsame offence or any graver offence, but for his non-appearance, N.B.W. 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, this fact also be reflected by the trial court. No further extension of time with regard to surrender of the Petitioner shall be allowed in any circumstances.
With the aforesaid order, this CRLMC stands disposed of.
Urgent certified copy of this order be granted on proper application.
…………………..
DA
2 issues framed by the court
Whether the order issuing non-bailable warrant for non-appearance in bail proceedings should be quashed.
Whether the petitioner is entitled to regular bail upon surrender later.
1 provisions across 1 enactments
Ajay Kapur
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
