Disposed

Ramesh Kumar Biswal v. State of Odisha

Orissa HC30 Nov 2022CRLMC/3507/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Orissa disposed of a challenge to the issuance of a Non-Bailable Warrant (NBWA) under Section 117(1) CrPC 1973. While affirming the lower court's finding of default, the Court directed the trial court to surrender the petitioner and release him on bail subject to conditions.

What did the court decide?

Petitioner directed to surrender by 30th December 2022; to be released on bail with conditions.

Ramesh Kumar Biswal 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.3507 of 2022

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Ramesh Kumar Biswal

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…. Petitioner

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Mr. Samarendra Mohanty, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. Sitikanta Mishra, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER 30.11.2022

Order No.

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

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The present challenge is to the issuance of NBWA by an order dated 23^rd September, 2022 passed in G.R. Case No.14 of 2006 by the learned SDJM, Jagatsinghpur on the grounds stated therein.

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Perused the impugned order which is at Anneuxre-1.

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Learned counsel for the petitioner submits that the petitioner was on bail in the year 2006 by the learned court below but subsequently, NBWA has been issued against him by order dated 23^rd September, 2022 as he defaulted in appearance but such default was unintentional. It is further submitted that due to non-appearance, the impugned order was passed and considering the fact that he was on previous bail, the petitioner should be directed to surrender and allowed to go on bail with conditions.

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Page 1 of 2

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The Court does not find any error or legal infirmity in the impugned order dated 23^rd September, 2022, inasmuch as, the learned court below rightly passed the order since the petitioner defaulted on the date fixed, however, in the facts and circumstances of the case, is of the view that the petitioner should be directed to surrender and released on bail subject to conditions imposed by the court below.

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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 court of learned SDJM, Jagatsinghpur on or before 30^th December, 2022 in connection with G.R. Case No.14 of 2006 and in the event he surrenders, the court shall release him on bail with conditions.

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An urgent certified copy of this order be issued as per rules.

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(R.K. Pattanaik)
Judge

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kabita

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Page 2 of 2

Ramesh Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ramesh Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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