Orissa High Court
Arjuna Suansian And Others vs State Of Odisha .... Opposite Party on 2 September, 2023
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3795 of 2023
Arjuna Suansian and others .... Petitioners
Mr. J. Sahoo,
Advocate
-versus-
State of Odisha .... Opposite Party
Mr.S.K.Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
02.9.2023.
Order No.
01. 1. This matter is taken up through virtual mode.
2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.
3. This is an application under Section 482 of the Cr.P.C. The Petitioners are accused in S.T. Case No.13/2017 corresponding to Aska P.S. Case No.248/2016 in the Court of Addl. Sessions Judge, Aska. They were released on bail.
4. Perusal of the impugned order reveals that the accused persons did not appear for which by order dated 11th June, Page 1 of 2 // 2 // 2019, learned court below directed issuance of N.B.W. against them, which is impugned in the present application.
5. Learned counsel for the Petitioners submits that non- appearance of the Petitioners on the date fixed was not wilful or deliberate but because of the communication gap between them and the lawyer and that they are willing to appear before the trial Court without fail in future.
6. Having regard to the submissions as above, the prayer is allowed subject to payment of cost of Rs.1,000/-(Rupees One thousand) each in favour of TLSC, Aska. The impugned order in so far as it relates to issuance of NBW against the Petitioners is hereby quashed. The Petitioners are directed to surrender before the trial Court within a period of two weeks and in such event, they shall be allowed to go on previous bail.
7. The CRLMC is disposed of.
(Sashikanta Mishra) Judge AKB Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: A.R.-CUM-SR.SECRETARY Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2023 16:44:22 Page 2 of 2