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2018 DIGILAW 827 (ORI)

Sk. Mahattab Allam @ Matto v. State Of Odisha

2018-11-30

S.PUJAHARI

body2018
ORDER S. Pujahari J. - Heard Learned Counsel for the petitioner and the learned counsel for the state. 2. This application under section 482 of Cr.P.C , 1973has been filed by the petitioner with a prayer to set-aside the order dated 20.06.2014 passed by the learned S.D.J.M, Bhadrak in G.R. Case No. 492 of 2010 issuing N.B.W. against the petitioner. 3. It appears that the petitioner, who has been Indicated in the aforesaid case, was on bail, but when he did not appear during the trial. N.B.W. has been Issued against the petitioner vide order dated 20.06.2014. However, the petitioner has come forward to challenge the same, but during course of hearing, it is submitted by the learned counsel for the petitioner that the petitioner is ready and willing to surrender before the trial court and cooperate with the trial and, as such, the learned trial Court may be directed to release him on bail on the same terms and conditions as imposed at the time bail. 4. Considering the aforesaid facts and submissions made, especially the fact that the petitioner is ready and willing to surrender to custody of the Court and cooperate with the trial, this CRLMC stands disposed of with a observation that if the petitioner surrenders before the trial Court within a period of four weeks hence and makes a motion for bail in the aforesaid case, the learned S.D.J.M, Bhadrak shall allow him to go on bail on earlier bond and surety and if the same has been cancelled, the petitioner may be directed to furnish fresh bail bonds with similar terms and conditions as earlier imposed along with a condition that he shall cooperate with the trial. 5. Till the aforesaid date, i.e either the date of appearance before the trial Court or on expiry of four weeks, whichever is earlier, the petitioner shall not be arrested pursuant to the N.B.W issued. 6. Urgent certified copy of this order be granted on proper application.