Satrughana Sahu vs State Of Odisha And Another
2023 Latest Caselaw 1088 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLREV No. 40 of 2018

            Satrughana Sahu                        ....                   Petitioner
                                                           Mr.G. Mishra, Adv.
                                              -Versus -
            State of Odisha and another             ....           Opposite Parties

                                                                Mr. A.N. Pattanaik,
                                                                          Advocate
                                                          (for Opposite Party no.2)


                       CORAM:
                         JUSTICE SASHIKANTA MISHRA
                                          ORDER_
                                          01.02.2023


Order No.
              1.

This matter is taken up through hybrid mode.

14.

2. Heard.

3. The petitioner has filed this Revision challenging the judgment passed by learned Sessions Judge, Keonjhar in Criminal Appeal No. 3/75 of 2017-14 whereby the order of conviction of the petitioner under Section 138 of NI Act by learned S.D.J.M., in 1CC Case No. 121/2010/TC No.2052/2010 was confirmed. By order dated 29.08.2019, this Court called for the LCR and also directed release of the petitioner on bail pending disposal of the revision. Subsequently, because of non-appearance of the petitioner before this Court on the date fixed, the revision petition was dismissed for non-prosecution by order dated 29.04.2022. On an application filed by the petitioner being CRLMA No.327 of 2022, the Criminal Revision was restored to file. In the meantime by order dated

24.08.2022, learned S.D.J.M., Keonjhar taking note of dismissal of the Criminal Revision for non-prosecution, issued NBW against the petitioner for production and to undergo the sentence.

4. It is submitted by learned counsel for the petitioner that since the petitioner was granted bail by this Court and the revision petition has been restored to file, the order granting bail by this Court is automatically restored.

5. Considering the submissions as above as also the fact that this Court has granted bail to the petitioner on merits and the NBW was issued only because the revision was dismissed for non- prosecution, which has since been restored to file, this Court directs that the NBW be recalled. The petitioner shall continue to be on bail as directed by this Court by order dated 29.08.2019.

6. List this matter 15th March, 2023.

(Sashikanta Mishra) Judge

B.C. Tudu