Raibaria Raita @ Rabi vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

The petitioner is the accused in 2(a)C.C. No.05 of 2013 of the Court of learned Addl. Sessions Judge, Chatrapur (Ganjam). He was released on bail.

Perusal of the impugned order reveals that the petitioner did not appear on the date fixed, for which by order dated 29.06.2022 learned court below directed issuance of N.B.W. against him, which is impugned in the present application.

Learned counsel appearing for the petitioner submits that non-appearance of the petitioner on the date fixed is neither intentional nor deliberate, but due to rejection of his application under Section 317 Cr.P.C., NBW has been issued. However, he undertakes to appear before the Court regularly in future.

Having regard to the submissions made and the materials on record, I am inclined to allow the prayer. The impugned order in so far as it relates to issuance of NBW against the petitioner- Raibaria Raita @ Rabi is hereby quashed. The petitioner is granted liberty to surrender before the trial court within a period of two weeks and move for bail and in such event he shall be allowed to go on previous bail.

The CRLMC is disposed of.

Issue urgent certified copy as per rules.

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