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Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as the impugned order dated 02.01.2025.
By filing the present application, the Petitioner calls into question, the validity of the order dated 02.01.2025 passed by the learned J.M.F.C., Bangomunda. Learned counsel for the Petitioner at the outset contended that although initially the petitioner was on police bail under Section 35 of BNSS and he has furnished a bail bond. However, after taking cognizance, the learned Trial Court has issued summons to the accused vide order dated 02.01.2025 to appear before the court on 29.01.2025.
On a careful consideration of the impugned order dated 02.01.2025, this Court is of the view that there is no apprehension of arrest and it is a standard procedure that once the accused has been enlarged on bail under Section 35 of the B.N.S.S., he is required to appear before the court in trial and accordingly, the Court has only issued summons. In such view of the matter, this Court is of the view that there is no illegality in the order of the learned Trial Court. Accordingly, the application is being disposed of by directing the Petitioner to surrender within two weeks and cooperate with an early conclusion of trial.
With the aforesaid observations/ directions, the CRLMC stands disposed of.
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