Prasanta Kumar Das vs State Of Odisha
2023 Latest Caselaw 14560 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLMC No. 4327 of 2023
Prasanta Kumar Das                    .....                             Petitioner
                                                            Mr. K. Kashyap, Adv.
                                      Vs.
State of Odisha                       .....                             Opp. Party
                                                        Mr. S.S. Pradhan, A.G.A.
            CORAM:
                  JUSTICE SAVITRI RATHO
                                          ORDER

14.11.2023 Order No. (Through hybrid mode)

05. I.A. No. 3379 of 2023

1. Mr. K. Kashyap, learned counsel for the petitioner appearing

from the virtual High Court, Balasore.

2. This I.A. has been filed for modification of the earlier order

dated 03.10.2023 and grant further two weeks from the date of

disposal of this I.A. to the petitioner to surrender before the learned

S.D.J.M., Nilgiri in I.C.C. Case No. 42 of 2021.

3. Vide order dated 03.10.2023 passed in CRLMC No. 4327 of

2023, it has been directed that if the petitioner surrenders on or

before 16.10.2023 before the learned S.D.J.M., Nilgiri, the learned

S.D.J.M. shall either pronounce the judgment on the said date or fix

any other short date for pronouncement of judgment and it was

directed that the NBW issued agasint the petitioner shall not be

executed till 16.10.2023.

4. Learned counsel for the petitioner submits that the petitioner

could not surrender before 16.10.2023 as he was unwell and has

prayed for modification of the order and for extension of time fixed

for surrender.

5. Considering the submission of the learned counsel for the

petitioner, the order dated 03.10.2023 is modified to the extent that if

the petitioner surrenders before the learned Court below on or before

28.11.2023 and files an application for recall of the NBW, the

learned Court below shall recall the NBW and pronounce the

judgment on the said date or any other short date for pronouncement

of judgment.

6. Except for the aforesaid modification, the rest of the order

shall remain unaltered.

7. The I.A. is accordingly disposed of.

8. Urgent certified copy of this order be granted on proper

application.

(Savitri Ratho) Judge Sukanta

Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer

Location: Orissa High Court, Cuttack Date: 17-Nov-2023 21:48:04