Disposed

Benua Patra v. State of Odisha

Orissa HC3 Feb 2023CRLMC/298/2023

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant issued for the petitioner on bail due to default. The court directed the petitioner to surrender and release him on bail if he surrenders within the stipulated time.

What did the court decide?

Petitioner directed to surrender before additional sessions judge on or before 25th February 2023; upon surrender, release on bail subject to conditions.

Benua Patra Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.298 of 2023

Benu Patra

…. Petitioner

Mr. S.K. Dash, Advocate

-Versus-

Order No. 01.

State of Odisha

…. Opposite Party

Mr. S. Mishra, ASC CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 03.02.2023

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Heard learned counsel for the petitioner and learned counsel for the opposite party 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 26^th July, 2022 directed by the court of learned Additional Sessions Judge, Kamakhyanagar on the grounds stated therein.

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Perused the impugned order dated 26^th July, 2022 as at Anexure-1.

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It is submitted by the learned counsel for the petitioner that the petitioner was on bail but thereafter on 26^th July, 2022, nonbailable warrants of arrest has been issued which was on account of his default. It is further submitted that default was no deliberate or intentional and considering the fact that he was previously on bail at

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least direction should be issued for him to surrender before the learned court below and released on bail.

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Though the Court does not find any error or legal infirmity in the impugned order under Annexue-1 but in the peculiar facts and circumstances of the case and considering the fact that the petitioner was on bail earlier, the Court is of the view that he should be directed to surrender and released on bail subject to 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 Additional Sessions Judge, Kamakhyanagar on or before 25^th February, 2023 in C.T. (Sessions) No.109 of 2021 and in the event of his surrender within the time stipulated, the court below shall release him on bail subject to conditions.

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A certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

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Tudu

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Benua Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Benua Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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