The High Court disposed of a criminal miscellaneous application seeking to set aside an order issuance of non-bailable warrant against petitioners. The court quashed the NBW, permitting them to appear within two weeks to move for bail.
Impugned order issuing NBW set aside; petitioners permitted to appear within two weeks for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 53 of 2022
Basanti Panda and another
…. Petitioners
Mr. Swarup Kumar Patnaik, Advocate
-Versus -
State Of Odisha and others
Opposite Parties
….
Mr. A. Pradhan, Additional Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
27.01.2022
Order No.
2.
Page 1 of 1
default on the part of the lawyer was only on one date, this Court is inclined to allow the prayer of the petitioners. The impugned order insofar as relates to issuance of NBW against the accused persons is hereby set aside. The petitioners are permitted to appear before the trial court within two weeks hence and move for bail and in such event they shall be released on bail on such terms and conditions as the court below may deem fit and proper in the facts and circumstances of the case.
dated 7th January, 2022.
( Sashikanta Mishra) Judge
B.C. Tudu
Page 2 of 2
2 issues framed by the court
Whether to set aside the order issuing non-bailable warrant against accused persons who were granted exemption from personal appearance.
Whether to permit the petitioners to move for bail within two weeks.
1 provisions across 1 enactments
BASANTI PANDA AND ANOTHER
STATE OF ODISHA AND OTHERS
SASHIKANTA MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
