Allowed

Dhusasan Barik v. State of Odisha

Orissa HC25 Sept 2024CRLMC/3579/2024

Case brief

AI extract

What is this about?

Criminalmiscileious petition about Section 317 CrPC bail rejection, leading to non-bailable warrant. High Court quashed warrant allowing fresh bail on cost deposit and strict appearance.

What did the court decide?

Petition allowed, non-bailable warrant quashed, payment of Rs.500 by Petitioners to Advocates' Welfare Fund, appearance before Assistant Sessions Judge within ten days.

Dhusasan Barik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3579 of 2024

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1) Dhusasan Barik

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Nishakar@gangadhar Barik

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.....

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Petitioners

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Represented By Adv. - Satya Narayan Mishra 4

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-versus-

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State Of Odisha

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..... Oppoiste Party

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Represented By Adv. – Samaresh Jena, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

25.09.2024

Order No.

This matter is taken up through Hybrid mode.

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Heard learned counsel for the Petitioners and learned Additional Standing Counsel for the State-Opposite Party.

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The Petitioners are aggrieved by the order dated 23.07.2024 on which date the NBW of arrest has been issued against him by the learned Assistant Sessions Judge, Basudevpur in S.T.Case No.20 of 2023. As petition under Section 317 Cr.P.C. was rejected by the learned Court below, NBW of arrest was issued against the Petitioners.

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Learned counsel for the petitioners submitted that initially the petitioners were on bail, he further submits that since the date of their release on bail the petitioners were appearing before the Court in seisin over the matter. As petition under Section 317 Cr.P.C. was rejected, non-bailable warrant of arrest was issued against the petitioners. Therefore, being aggrieved by such order the petitioners have approached this Court with a prayer to quash order dated 23.07.2024.

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Page 1 of 2.

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On perusal of the record, this Court is of the view that the trial court has not committed any illegality, however, in the larger interests of justice and in order to provide another opportunity to the Petitioners, this Court deems it proper to set aside the order dated 23.07.2024 by the learned Assistant Sessions Judge, Basudevpur in S.T.Case No.20 of 2023, subject to payment of cost of Rs.500/- each by the Petitioners to the Advocates' Welfare Fund of Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioners shall appear before the learned Assistant Sessions Judge, Basudevpur within ten days from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioners make any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioners.

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In such view of the matter, the CRLMC is disposed of.

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( A.K. Mohapatra ) Judge

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Rubi

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Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Sep-2024 16:58:39

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Page 2 of 2.

Dhusasan Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhusasan Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

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