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Aspin Digal @ Aswini Digal vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0132

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 363, 366, 376(2)(f)(n)
RESULT
Disposed Of
CASE NUMBER
CRLMC No.4061 Of 2023
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Judgment

8 paragraphs · 371 words

Savitri Ratho, J

1.

Mr. Suryakanta Dwibedi, learned counsel for the petitioner files an affidavit along with certified copy of orders dated 10.12.2018, 30.10.2018 and 05.01.2019 passed in C.T. No. 38 of 2018. The same are taken on record.

2.

This application under Section 482 Cr.P.C. has been filed by the petitioner challenging the order dated 16.02.2023 passed in C.T. Case No.38 of 2018 by the learned Addl. Sessions Judge-cum-Special Judge, Phulbani issuing N.B.W. of arrest against the petitioner as he was absent on call and no steps were taken on his behalf. The case is one under Sections 363, 366, 376 (2) (f) (n) of the I.P.C. read with Section 6 of the POCSO Act.

3.

Mr. Suryakanta Dwibedi, learned counsel for the petitioner submits that the petitioner had been released on bail on 30.10.2018 under Section  167(2)  of  the  Cr.P.C.  pursuant  to the order dated  10.10.2018 passed by the learned Additional Sessions Judge-cum-Special Judge, Phulbani. He further submits that the petitioner had been regularly attending before the learned trial Court till 16.02.2023. He was unable to appear before the Court on 16.02.2023, due to communication gap with his counsel and the conducting counsel also did not take any steps on his behalf. But he is ready and willing to surrender before the Court below and cooperate for early disposal of the trial.

4.

Although, I find no illegality in the impugned order dated 16.02.2023, but in order to secure the attendance of the petitioner during trial and considering the submissions of the learned counsel for the petitioner that the petitioner is willing to surrender in the Court below, it is directed that if the petitioner, Aspin Digal @ Aswini Digal surrenders in the Court of the learned Additional Sessions Judge-cum-Special Judge, Phulbani in C.T. Case No.38 of 2018 on or before 06.10.2023 and files an application for bail, he shall be released on bail on such terms and conditions as deemed fit by the learned Court including the condition that he shall appear before the learned trial Court personally on each date when the case is fixed for trial.

4.

The CRLMC is accordingly disposed of.

5.

Urgent  certified  copy  of  this  order  be  granted  on  proper application.

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