MANOJ KUMAR RATH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petition under Sec. 439 of Cr.P.C. has been filed by the petitioners, who are in jail custody in connection with I.C.C Case No.15 of 2022 pending in the court of learned S.D.J.M., Nayagarh for alleged commission of offences under Ss. 294/420/506 of the I.P.C., after NBWA was issued by the learned court in seisin of the matter on 28/9/2023.

(2.) Learned counsel for the petitioners refers to the certified copy of the orders passed in I.C.C.Case No.15 of 2022 in the file of the learned S.D.J.M., Nayagarh, i.e., orders dtd. 22/3/2022 up to 9/4/2024 to show that NBW was issued by order dtd. 28/9/2023 which apparently was not necessary as last chance was granted on 18/9/2023 and the petitioner was represented through a different counsel on 28/9/2023. Learned counsel for the petitioners further also submits that the time petition was filed on 18/9/2023 by the earlier counsel, whereas on 28/9/2023 due to change of counsel, the said fact could not be brought to the kind notice of the court in seisin of the matter.

(3.) Learned Additional Standing Counsel for the State referring to the orders passed by the learned court in seisin of the matter opposes the prayer for release on bail.