Court allows petitioners to surrender and apply for bail, ensuring fairness and cooperation in trial processes.

ORDER

04.08.2025 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners and learned counsel for the State. Perused the records.

3. The present application has been filed by the Petitioners with a prayer to quash the entire criminal proceeding arising out of P.S. Case No.20 of 2020 dated 02.03.2020, corresponding to G.R. Case No.11(A)/2020, pending before the Court of learned Nyay Adhikari Gram Nyalaya, Semiliguda, Koraput.

4. Learned counsel for the Petitioners at this juncture contended that he does not want to press this application with liberty to raise the point at the time of framing of charge by filing a discharge petition. He further submitted that the Petitioners be permitted to surrender before the Court below and move an application for bail.

5. Considering the submissions made by the parties, the application is disposed of as not pressed with liberty as prayed for.

6. It is stated by the learned counsel for the petitioners that NBW has been issued against both the Petitioners on 08.10.2021. He further submitted that although the Petitioner No.1 was never released on bail, however Petitioner No.2 was earlier arrested and released on bail on 19.03.2021. He further contended that due to a communication gap, as well as the restriction imposed during the COVID period, the petitioners could not keep track of the case pending before the trial court, as a result of which, they could not appear before the trial court. He further assures this Court that the petitioners are ready and willing to cooperate with the trial.

7. Learned counsel for the State on the other hand objected to quashing of the NBW on the grounds taken by the learned counsel for the petitioners.

8. Keeping in view the larger interests of justice, this Court grants the Petitioner No.1 liberty to surrender before the learned Nyay Adhikari Gram Nyalaya, Semiliguda, Koraput, in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.1 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the application of the Petitioner No.1 on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable. Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.1, if applied for.

9. So far as the Petitioner No.2 is concerned, the NBW issued by the order dated 08.10.2021 against the Petitioner No.2 is hereby quashed, subject to the Petitioner No.2 paying a cost of Rs.1,500/- (Rupees One Thousand Five Hundred) to the Advocates’ Welfare Fund of the Local Bar Association within fifteen days and furnishing money receipt thereof as proof of deposit. Further, it is directed that the Petitioner No.2 shall appear before the learned Nyay Adhikari Gram Nyalaya, Semiliguda, Koraput within fifteen days from today along with a copy of this order and shall continue to participate in the proceeding without any further default. In the event, the Petitioner No.2 makes any further default in appearance, it is open to the Court in seisin over the matter to take necessary coercive steps against the Petitioner No.2.

10. The CRLMC is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.