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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 4039 of 2022

Santosh Kumar Pradhan @ Likun

&.

Petitioner

Mr. Aparesh Bhoi, Advocate

-Versus-

State of Odisha

&.

Opposite Party

Mr. Tapas Kumar Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER

21.12.2022

02.

1.

Heard learned counsel for the petitioner and learned

counsel for the State.

2.

Instant petition under Section 482 Cr.P.C. is filed by the

petitioner challenging the order dated 6^th December, 2022 passed

by the learned Additional Sessions Judge-cum-Special Court POCSO

Act, Angul in T.R. Case No.52 of 2022 arising out of Special

(POCSO) Case No.64 of 2020 arising out of Colliery P.S. Case No.

354 of 2020 for having issued the non-bailable warrant of arrest

against the petitioner on the grounds stated therein.

3.

Perused the impugned order dated 6^th December, 2022 as

at Annexure-1.

4.

Learned counsel for the petitioner submits that the

petitioner was on bail but subsequently NBWA has been issued

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against him on 6^th December, 2022 since he defaulted in

appearance. It is further submitted that the petitioner did not

appear on date fixed by the learned court below nor his Advocate

had taken any step, as a result of which, the impugned order was

passed and considering the fact that he was on previous bail, the

petitioner should be directed to surrender and allowed to go on bail

with conditions.

5.

The Court perused the order dated 6^th December, 2022 but

does not find any illegality being committed by the learned court

below. In fact, the petitioner failed to turn up and on account of his

default and since the defense counsel did not take any step on his

behalf, the learned court below rightly issued the NBWA against

him. However, at this juncture, the Court is of the view that in the

facts and circumstances of the case, the petitioner should be directed

to surrender before the court below and released on bail with

conditions which instead would serve the purpose.

6.

Accordingly, it is ordered.

7.

In the result, the CRLMC stands disposed of with a direction

to the petitioner to surrender before the court of learned Additional

Sessions Judge-cum-Special Court POCSO Act, Angul on or before

12^th January, 2023 in T.R. Case No.52 of 2022 arising out of Special

(POCSO) Case No.64 of 2020 arising out of Colliery P.S. Case No.

354 of 2020 and in the event he surrenders, the court below shall

release him on bail subject to conditions.

8.

Issue urgent certified copy of this order on proper

application.

(R.K. Pattanaik)

Judge

U.K.Sahoo