KRUSHNA CHANDRA SURUJAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Sindhol P.S. Case No.21 of 2002 corresponding to G.R. Case No.49 (B) of 2002 pending in the Court of the learned S.D.J.M., Birmaharajpur under Sec. 395 of IPC.

(2.) Mr.Pulakesh Mohanty, learned counsel for the petitioner submits that the petitioner had been released on bail after he surrendered in the Court below pursuant to order passed in CRLMC No.518 of 2010 by this Court. Thereafter he was taking steps on each date and after 12 years, i.e., 17/11/2022 as the petitioner and co-accused, Srikamal Surujal did not appear in the case and no steps were taken on their behalf, N.B.W. was issued against them. N.B.W. has been executed against the petitioner on 25/8/2023 and he is in custody since then. He further submits that after the petitioner was released on bail in 2010, it is his first default and N.B.W. has been issued against him as his advocate could not take steps due to communication gap. He further submits that the petitioner is willing to comply with any condition/s imposed by this Court for his release on bail.

(3.) Considering the fact that the petitioner was released on bail earlier and was appearing in Court for 12 years and is in custody since 25/8/2023, I am inclined to allow the prayer for bail.