[email protected] Raj Kishore Behera And ... vs State Of Odisha
2023 Latest Caselaw 1771 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No.343 of 2023

            [email protected] Raj Kishore Behera and another       ....             Petitioners
                                                       Mr. P.K. Nanda, Advocate

                                           -Versus-

            State of Odisha                           ....         Opposite Party
                                                      Mr. Tapas Kumar Praharaj,
                                                      Standing Counsel for State

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                           ORDER

24.02.2023 Order No.

04. 1. Heard Mr.P.K. Nanda, learned counsel for the petitioners and Mr.Tapas Kumar Praharaj, learned Standing Counsel for the State.

2. Issue notice.

3. Mr. Praharaj, learned Standing Counsel accepts notice on behalf of State.

4. The present challenge is for quashing of the impugned order dated 11th November, 2022 passed by the learned J.M.F.C.(O), Bhubaneswar under Annexure-2 confirmed in B.A. No.1991 of 2022 by order dated 28th November, 2022 of the learned Sessions Judge, Khurda at Bhubaneswar, whereby, an application under Section 167(2) Cr.P.C, filed by the petitioners was rejected.

5. Gone through the copies of the orders of the learned courts below as at Annexures-2 and 4 respectively.

6. Mr. Nanda, learned counsel for the petitioners submits that the chargesheet had not been placed on record by the time the application under Section 167(2) Cr.P.C. was moved but considering

the fact that it had already been received on 5th November, 2022 and lying at the disposal of the CSI, the learned court below declined to allow release of the petitioners on default bail which is unjustified. While contending so Mr. Nanda, learned counsel for the petitioners cites a judgment of this Court in CRLMC No.362 of 2022 (Pramesh Pradhan @ Rani and another Vrs. State of Orissa) disposed of on 20th April, 2022 to satisfy the Court that such an invaluable right of default bail in terms of Section 167(2) Cr.P.C. cannot be denied or taken away on any such ground as has been held by the learned courts below.

7. Mr. Praharaj, learned counsel for the State prays for some time to examine the said judgment and to respond back.

8. List this matter on 3rd March, 2023 for further hearing and orders.

(R.K. Pattanaik) Judge U.K.Sahoo