Orissa High CourtCRLMC/1038/2020 on 26 June, 2020Author:Savitri RathoBench:Savitri RathoCRLMC No. 1038 of 2020\n\n\n\n\n02. 26.06.2020             Heard Mr. S. Panda, learned counsel for the\n                 petitioner and Mr. Janmejaya Katikia, learned Addl.\n                 Government       Advocate      for   the     State      by     Video\n                 Conferencing mode.\n                       The order dated 02.07.2013 passed by the learned\n                 S.D.J.M., Padampur in G.R. Case No.381 of 2008 in\n                 issuing    non-bailable   warrant     of    arrest    against       the\n                 petitioner is under challenge.\n                       It appears from the averments taken in the CRLMC\n                 application that the petitioner had been released in 2009\n                 on bail but due to his non-appearance on the date fixed\n                 for commitment, non-bailable warrant of arrest was\n                 issued against him on 02.07.2013, after rejecting the\n                 application    filed   undersection      317Cr.P.C.    Non-\n                 appearance was on account of communication gap\n                 between the petitioner and his counsel.\n                       The     impugned      order    does    not     warrant        any\n                 interference. But considering the fact that NBW of arrest\n                 issued in 2013 is yet to be exceeded and in order to\n                 ensure     presence of the      petitioner     at the        time    of\n                 commitment and to facilitate early disposal of the case, it\n                 is directed that the petitioner on surrendering before the\n                 learned S.D.J.M., Padampur in G.R. Case No.381 of 2008\n                 within a period of three weeks' from today, shall be\n                 released on bail to the satisfaction of the Court with such\n                 terms and conditions as would be fixed by the said Court\n                 including the following conditions:\n                                               2\n\n\n\n\n                (a)   The    petitioner    shall   deposit    cash    security   of\n                Rs.3,000/- (Rupees three thousand) (b) The petitioner\n                shall not commit similar offence while on bail (c) The\n                petitioner     shall      attend     the      court    in    each\n                date of adjournment till disposal of the case.\n                       Violation of any of the above terms and conditions\n                fixed shall entail in cancellation of bail.\n                       The learned trial Court shall do well to conclude\n                the trial as early as possible.\n                       The non-bailable warrant of arrest issued by virtue\n                of the impugned order shall be kept in abeyance for a\n                period of three weeks from today.\n                       The CRLMC is disposed of.\nSukanta/Rohit\n\n\n                                                             .........................\n                                                             Savitri Ratho, J.23344