KIRTAN NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) F.I.R No. 160 dtd. 22/7/2005 in Colliery Police Station, Dhenkanal was registered against one Pramod Singh and Rajendra Singh for the alleged commission of offence under Sec. 20 (b) of the NDPS Act. Both the accused persons in that case were admitted to bail by this Court, vide order dtd. 25/10/2005 in BLAPL No. 7086 of 2005. The present appellant stood as a surety for the aforementioned two accused persons.

(2.) It appears that the accused persons have absconded, therefore Non-Bailable Warrant of Arrest was issued against them by the learned trial court, vide order dtd. 21/12/2006. Since the NBW(A) order against the principal accused persons could not be executed, proceeding under Ss. 82 and 83 Cr.P.C. was initiated and vide order dtd. 17/6/2018 notice was issued to the present appellant being the bailer of the absconding accused persons calling upon to show cause as to why the bail bond amount of Rs.30,000.00 should not be realized from him as penalty. The matter was again taken up on 18/7/2008, 12/8/2008, 21/8/2008 and 28/8/2008. By the last order dtd. 28/8/2008, the learned Addl. Sessions Judge, Talcher gave final opportunity to the appellant to file show cause. Despite final opportunity was granted, the appellant neither filed the show cause nor any document in support of his case. Therefore, the learned Addl. Sessions Judge, Talcher passed the following order:-

(3.) The appellant is aggrieved by the aforementioned order of the learned Addl. Sessions Judge, Talcher. Hence he preferred the present appeal under Sec. 449 of the Cr.P.C. assailing the aforementioned order dtd. 28/8/2008 passed by the learned Addl. Sessions Judge, Talcher in NDPS Case No.1 of 2005.