High CourtsSingle Bench

Srikanta Grahacharya @ Sipu vs State Of Odisha

Orissa High Court · Decided on 23 March 2023 · Citation: (2023) 03 OHC CK 0158

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482
RESULT
Disposed Of
CASE NUMBER
CRLMC No. 1046 Of 2023
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Judgment

6 paragraphs · 266 words

Savitri Ratho, J

1.

This application under Section 482 Cr.P.C. has been filed by the petitioners challenging the order dated 12.12.2022 passed by the learned ACJM-cum-ASJ, Bhubaneswar in Crl. Tr. Case No. 184 of 2019 arising out of Balipatna P.S. Case No. 76 of 2017 issuing NBW of arrest against the petitioners for their non-appearance in the court.

2.

Ms. M. Sahoo, learned counsel for the petitioners submits that the petitioners had been released on bail during investigation and after commitment on 20.01.2020, they have been allowed by the learned trial court to continue on bail. But they could not appear on 12.12.2022 due to non-cooperation of the local bar members but they are ready and willing to appear before the court below and cooperate for early disposal of the trial.

3.

Although I do not find any illegality in the impugned order, considering the submissions of the learned counsel for the petitioners and in order to ensure the presence of the petitioners during trial, the CRLMC is disposed of directing that if the petitioners, Srikanta Grahacharya @ Sipu, Prasanta Grahacharya @ Papu, Prakash Chandra Nayak and Susamarani Nayak surrender before the learned ACJM-cum-ASJ, Bhubaneswar in Crl. Tr. Case No. 184 of 2019 on or before 21.04.2023 and file applications for bail, they shall be released on bail on such terms and conditions as deemed fit and proper by the learned ACJM-cum-ASJ, Bhubaneswar including the conditions that they shall appear personally in the court below on each date the case is posted for trial.

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

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