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2008 DIGILAW 697 (ORI)

Pua Mangulei Tarai v. State of Orissa

2008-08-14

A.K.PARICHHA

body2008
ORDER 14.08.2008 — Heard learned counsel for the parties. The petitioner, who is an accused in G.R. Case No.973 of 2004 pending in the Court of learned SDJM, Jajpur has filed this petition under Section 482 Cr.P.C. for quashing the order dated 01.09.2005 directing issue of NBW against him. Learned counsel for the petitioner states that the petitioner was on bail and was appearing in the Court regularly, but on 01.09.2005 he could not attend the Court due to unavoidable difficulty. He states that this is the first lapse of the petitioner regarding appearance in the Court and, therefore, issuance of NBW against him was not proper. Learned counsel for the State supports the impugned order stating that whenever an accused jumps bail or remains absent from the Court on a date of hearing, the concerned Court can issue coercive steps against the said accused. There is no quarrel with regard to the legal proposition that whenever an accused jumps bail or remains absent from the Court on a date of hearing without taking any steps for condona¬tion of his absence, the Court can issue coercive steps against such accused for his production. Such being the legal position, the impugned order cannot be said to be illegal or unreasonable and cannot be quashed. Learned counsel petitioner submits that the petitioner is willing to appear in Court and participate in the proceeding and because he has committed only one lapse in the case, he may be allowed to continue on his previous bail. It appears that the petitioner after release on bail was regularly appearing in the Court on the date fixed. Since this is the first lapse on the part of the petitioner in appearing in the Court, some amount of leniency can be shown in the matter of bail. Therefore, it is provided that if the petitioner appears before the trial Court within a period of four weeks from today and prays for bail, he will be allowed to continue on his previ¬ous bail, if he undertakes that henceforth, he will appear in person in the Court on each and every date. It is, however, made clear that if it is not first lapse of the petitioner in appear¬ance, then his bail application will be considered and disposed of on its own merit. The CRLMC is disposed of. Urgent certified copy be granted on proper application. CRLMC disposed of.