Pradipta Kumar Bhoi vs State Of Odisha
2023 Latest Caselaw 2336 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMC No.1034 of 2023

      Pradipta Kumar Bhoi                  ....                        Petitioner
                                                         Mr.S.K.Rout, Advocate

                                       Versus
      State of Odisha                     ....                    Opposite Party
                                                             Ms.S.Patnaik, AGA

                        JUSTICE SAVITRI RATHO

                                      ORDER

Order No. 22.03.2023

01. (Through hybrid mode)

1. Copy of the CRLMC petition has been served on learned State Counsel. Hence, defect No.6 is ignored.

2. Mr.S.K.Rout, learned counsel for the petitioner produces the receipt showing payment of authentication fee of Rs.10/-, removing defect No.3.

3. In this application under Section 482 Cr.P.C., the order dated 30.01.2023 passed by the learned J.M.F.C., Nimapada issuing production warrant against the petitioner has been challenged as the petitioner did not appear in the learned court below on the date fixed for pronouncement of judgment and sentence.

4. Mr.Rout, learned counsel for the petitioner submits that the petitioner was earlier on bail, but on the date fixed for delivery of judgment, the co-accused had appeared but the petitioner could not do so as he was ill. He further submits that the petitioner is ready and willing to appear on any date that may be fixed for his appearance in the learned court below.

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5. There is no illegality in the order of the learned Magistrate issuing production warrant due to non-appearance of the petitioner but considering the submission of the learned counsel and in order to ensure presence of the petitioner in the Court below, it is directed that if the petitioner surrenders before the learned J.M.F.C., Nimapara in the aforementioned case on the date fixed for his appearance or on or before 21.04.2023 (whichever is earlier), the learned J.M.F.C. shall hear the matter on the question of sentence and pass appropriate orders on the same day or any date convenient to him.

In case the case is deferred for hearing on the question of sentence, the learned J.M.F.C. shall do well to pass appropriate orders considering the fact that the petitioner was earlier on bail. The execution of the production warrant shall remain stayed for a period of four weeks.

6. With the above observation and direction, the CRLMC is disposed of.

7. Urgent certified copy of this order be granted on proper application.

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(Savitri Ratho) Judge Bichi