DALLY @ DIPTI @ DIPTIMAYEE SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. Karunakar Gaya, learned counsel for the petitioners and Mr. S.K. Nayak, learned Addl. Government Advocate for the State.

(2.) In the present application under Section 482 Cr.P.C. challenge has been made to an order dated 4.10.2007 in G.R.Case No. 814 of 2002, where by learned J.M.F.C., Nimapara has been pleased to direct issue of N.B.W. against the petitioners, namely, Dally @ Dipti @ Dipitimayee Swain and Papi Swain, daughters of Sankar Swain.

(3.) It is stated by the learned counsel for the petitioners that learned J.M.F.C., Nimapara in the impugned order dated 4.10.2007 has recorded the fact that the petitioners along with their late mother Smt. Susama Swain had been granted anticipatory bail by this Court in BLAPL No. 315 of 2003. While the said order contains the condition that the accused persons shall surrender immediately before the Court below in case the charge-sheet is filed or process is issued against them and move for bail, it appears from the impugned order itself that summons were issued by the Court to all the accused persons fixing 2.11.2006 for their appearance but the S.R. has not been received back and the learned J.M.F.C. "presumed that the accused persons were avoiding the summons to appear before the Court."