Deba @ Debendranath & Ors vs State Of Orissa
2021 Latest Caselaw 11952 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLREV No. 11 of 2007

                 Deba @ Debendranath & Ors.         ....                Petitioners
                                                 None (For Petitioner nos. 1 to 3)
                                                   Miss Anima K. Dei, Advocate
                                                            For Petitioner No.4

                                              Versus
                 State of Orissa                    ....             Opp. Party
                                           Mr. Sibani Shankar Pradhan, A.G.A.


                             CORAM:
                             JUSTICE SAVITRI RATHO

                                            ORDER

Order No.                                  22.11.2021

   04.      1.        This matter is taken up through hybrid mode.

2. None appears for the petitioner nos. 1, 2 and 3.

3. Miss Anima K. Dei, learned counsel for the petitioner no.4 is present. She prays for an adjournment to prepare written note of submission along with a date chart.

4. Vide order dated 05.11.2021, while considering the I.A. No.375 of 2020, this Court observed as follows:-

"xxx xxx xxx Perusal of the order dated 05.08.2010 passed in M.C. No.2284 of 2008 reveals that Petitioner No.1 has undergone the entire sentence, Petitioner Nos.2 and 3 were ready and willing to surrender and hence were directed to be released on bail on their surrender. But prayer of Petitioner No.4- Ramesh @ Rajia Barik was rejected as he had not appeared.

Perusal of the order dated 04.03.2008 passed in Misc. Case No.27/03 by the Asst. Sessions Judge,

// 2 //

Jagatsinghpur reveals that all the four petitioners has been released on bail on 05.01.2004. But petitioner no.1 was in custody since date of judgment and hence NBW of arrest had been issued against petitioners No.2 to 4. There is no order indicating that Petitioner Nos.2 & 3 have surrendered pursuant to order dated 05.08.2010 and have been released on bail. But perusal of order dated 31.01.2020 reveals that the petitioner Ramesh @ Rajia Barik was produced after execution of NBW of arrest and he was recommitted to jail to suffer substantive and default sentence.

xxx xxx xxx"

5. As there is no appearance on behalf of the petitioner nos. 2 and 3, it is not possible to ascertain if they have surrendered in the trial Court and have been released on bail pursuant to order dated 05.08.2010 passed by this Court.

6. Hence call for a report from the learned C.J.M.-cum-Asst. Sessions Judge, Jagatsinghpur in S.T. Case No.366/40 of 1996, if petitioner nos. 2 and 3 namely Munia @ Arjuni Moharana and Kalia @ Promod Kumar Swain have surrendered before the Court pursuant to the order dated 05.08.2010 passed by this Court in Misc. Case No.2284 of 2008.

7. List this case on 13.12.2021.

.........................

(Savitri Ratho) Judge Sukanta