Quashed

Laxmidhar Dash@Rabinarayan Dash v. State of Odisha

Orissa HC18 Nov 2022CRLMC/3420/2022

Case brief

AI extract

What is this about?

This bail-jumper petition under Section 482 Cr.P.C. sought quashing of a non-bailable warrant issued due to the petitioner's failure to appear. The High Court quashed the warrant and directed the petitioner to surrender before the Sessions Judge by a specified date to obtain bail.

What did the court decide?

Quashing of the non-bailable warrant and direction to surrender before the 2nd Additional Sessions Judge, Khurda, to obtain bail with conditions.

Laxmidhar Dash@Rabinarayan Dash Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No.3420 of 2022

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Laxmidhar Dash @ Rabinarayan Dash …. Petitioner Mr. S.K. Bhanjadeo, Advocate

-Versus-

Order No. 01.

State of Odisha

…. Opposite Party

Mr. T.K. Praharaj, SC CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 18.11.2022

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Heard learned counsel for the petitioner and learned counsel for the State.

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Instant petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the issuance of NBWA dated 6^th July, 2022 directed by the court of learned 2^nd Additional Sessions Judge, Khurda on the grounds stated therein.

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Perused the impugned order dated 6^th July, 2022 as at Anexure-1.

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Learned counsel for the petitioner submits that the petitioner was on bail but on the date fixed, he could not appear and no step was either taken on his behalf by the engaged counsel, for which, the court below issued NBWA against him fixing the case to 05.08.2022 for his production and considering the same, appropriate order may be passed.

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Page 1 of 2

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Though the Court does not find any wrong or error being committed by the learned court below while issuing NBWA on account of default of the petitioner but then having regard to the fact that he was on bail, it is of the view that in the facts and circumstances of the case, the petitioner should be allowed to surrender and go on bail with conditions.

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6. Accordingly, it is ordered.

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In the result, the CRLMC stands disposed of with a direction to the petitioner to surrender before the learned 2^nd Additional Sessions Judge, Khurda on or before 2^nd December, 2022 in S.T. Case No.27/104/98 of 2013-2010 corresponding to G.R. Case No.1211 of 2009 arising out of Begunia P.S. Case No.133 of 2009 and in the event of his surrender, the court shall release him on bail with conditions as deemed just and proper.

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An urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge

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Tudu

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Laxmidhar Dash@Rabinarayan Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

Laxmidhar Dash@Rabinarayan Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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