AKSHAY KUMAR HINDIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed by the petitioners challenging the order dtd. 12/10/2022 passed by the learned S.D.J.M., Malkangiri in G.R. No. 59 of 2012 which arises out of Malkangiri P.S. Case No. 18 of 2012, issuing NBW(A) of arrest against the petitioners for their non-appearance in the court and failure of the counsel to take any steps on their behalf.

(2.) Mr. R.L. Pattanaik, learned counsel for the petitioners submits that the petitioners had been released on bail by the court on 17/2/2012 and had been regularly appearing before the court below but on the relevant date on account of unavoidable circumstances, the petitioners were absent on the date fixed but it was their first default and they are ready and willing to appear before the court below as per directions of the court and cooperate for early disposal of the trial.

(3.) On perusal of the impugned order, I find that one prosecution witness was present on that day and had to be discharged without further examination due to absence of the petitioners. So, I find no error in the order issuing NBW of arrest, but in order to ensure the presence of the petitioners during trial and considering the submissions of the learned counsel for the petitioners that the petitioners are willing to appear before the learned court below and cooperate for early disposal of the trial. I direct that if the petitioners, Akshay Kumar Hindia and Trinath Khora surrender before the learned S.D.J.M., Malkangiri in G.R. No. 59 of 2012 on or before 21/4/2023 and file applications for bail alongwith cost of Rs.500.00 each, they shall be released on bail on such terms and conditions as deemed fit and proper by the learned S.D.J.M., Malkangiri including the conditions that they shall appear personally in the court below on each date the case is posted for trial.