Hadibandhu Sahoo vs State Of Orissa

S.K. Panigrahi, J

The matter is taken up through video conferencing mode.

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

The petitioner has filed this application to quash the order dated 25.02.2019 passed by the learned Assistant Sessions Judge, Athgarh in S.T. Case

No.33 of 2017 issuing N.B.W. against the petitioner.

Learned counsel for the petitioner submits that due to communication gap between the petitioner and his conducting counsel regarding posting of the

case, the N.B.W. was issued against the petitioner on 25.02.2019.

Considering the aforesaid submissions and the facts of the case, this Court is inclined to allow the CRLMC. Accordingly, the order of issuance of

N.B.W. against the petitioner on 25.02.2019 in S.T. Case No.33 of 2017 is quashed.

The petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case within a period of fifteen days hence. On such

event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on each date of posting of

the case. In addition, the petitioner shall deposit a sum of Rs.5,000/-(rupees five thousand) only as cost for willfully and deliberately violating the

court’s order. The said amount shall be deposited before the High Court Bar Associations Welfare Fund and copy of the said deposit shall be

presented before the court in seisin over the matter.

Accordingly, the CRLMC is disposed of.

As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a print out of the order available in the

High Court’s website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide

Court’s Office Order dated 7th January, 2022.

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