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Judgment
10 paragraphs · 273 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
The petitioner is one of the accused in C.T. Case No.102 of 2018 of the Court of learned Addl. Sessions Judge, Koraput. 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 01.12.2022 learned court below directed issuance of N.B.W. against him, which is impugned in the present application.
Learned counsel for the petitioner submits that because of communication gap between the petitioner and the conducting lawyer he was unable to know about the posting of the case and hence could not appear, but 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-Rajib Behera, 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. Further the above order shall be subject to the condition that the petitioner shall henceforth personally appear before the trial Court on each date of the posting of the case without seeking representation, failing which the Court below shall pass necessary orders to take him to custody again.
The CRLMC is disposed of.
Issue urgent certified copy as per rules.
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