ASHOK MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Addl. Standing Counsel for the State. The petitioner is the accused for the alleged commission of offences under Sections 452/354/323/294/34 of the I.P.C. and Section 3(1)(x) of the S.C. and S.T (P.A.) Act in G.R. Case No. 927/2011 of the Court of learned J.M.F.C (R), Cuttack. On 21.12.2011, as per the order passed by this Court, the application for bail of the petitioner was allowed and he was released on bail. Later on 13.1.2012 charge sheet was filed against the present petitioner. Hence, the Magistrate took cognizance of the offence as there are sufficient materials available on record, he ordered for issue of summons fixing the date to 3.5.2012. In the mean time the case has been committed to the Court of learned Special Judge-cum-Sessions Judge, Cuttack and has been registered as S.T. No. 520/2013. Thereafter after service of summons, the learned Advocate appeared before the Court without filing Vakalatnama and filed an application for adjournment for appearance of the party and another petition under Section 317 of the Cr.P.C. for representing them for the day only. But when the case was called, none appeared to move the petition and as no Vakalatnama had been filed on behalf of the accused, petition was rejected by the learned Special Judge-cum-Sessions Judge, Cuttack and N.B.W. was issued against him. The procedure adopted by the learned Special Judge-cum-Sessions Judge, Cuttack is erroneous. Once the accused failed to appear on receipt of summons, it is the duty of the Court to issue bailable warrant for his production.

(2.) In that view of the matter, the order dated 20.1.2014 passed by the learned Special Judge-cum-Sessions Judge, Cuttack in S.T. Case No. 520/2013 so far as it relates to issuance of N.B.W. against the present petitioner is concerned, is hereby quashed.

(3.) However, the CRLMC is disposed of giving liberty to the petitioner to surrender before the learned Special Judge-cum-Sessions Judge, Cuttack in the aforesaid case within twenty one working days and pray for bail. On such event, the learned Sessions Judge, Cuttack shall enlarge him on bail on such terms and conditions as deemed just and proper by him. In case he is arrested by the Police in the meantime, he shall be produced before the learned Special Judge-cum-Sessions Judge, Cuttack within twenty-four hours. The learned Special Judge-cum-Sessions Judge, Cuttack shall then allow his application for bail as aforesaid. Urgent certified copy of this order be granted on proper application.