p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1677 of 2025 Jamuna Munda @ Samanta ….. Petitioner Mr. Bijay Sahu, Advocate on behalf of Mr. D. Mishra, Advocate -versus- State of Odisha ….. Opp. Party Ms. Sarita Moharana, A.S.C. CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 08.05.2025 Order No. 01. (Through hybrid Mode) 1. This CRLMC has been filed praying for recalling of the NBW issued against the petitioner vide order dated 26.07.2023 passed by the learned Additional Sessions Judge-cum-Special Judge, Keonjhar in Sessions Trail No. 46/14 of 2021 corresponding to G.R. Case No. 835 of 2017. 2. Mr. B. Sahu, learned counsel appearing on behalf of Mr. D. Mishra, learned counsel for the petitioner submits that the petitioner had been released on bail 17.03.2021 pursuant to order dated 16.03.2021 passed in B.A. No. 70/2021 by the learned Additional Sessions Judge-cum-Special Judge, Keonjhar. On 26.07.2023 as she was absent on repeated calls and no steps have been taken by her counsel who filed a memo stating he did not have any instruction p. 2 from the petitioner, the learned Court below issued NBW against her as it was one of the condition in the bail order that she would appear on each date of posting till disposal of the case. He further submits that the failure of the petitioner to appear before the learned Court below was unintentional and due to unavoidable circumstances she could not inform her counsel to take steps on her behalf. He further submits that she is willing to appear in the Court below and co- operate for early completion of the trial. 3. I do not find any illegality in the order dated 26.07.2023 so as to interfere with the same. 4. But, considering the said fact that the petitioner had been released on bail on 17.03.2021 by the same Court and in view of the provision under Section 317 of the Cr.P.C. which provides for dispensing with personal attendance of any accused on any particular date and as it is apparent from the impugned order that her counsel did not take any steps for which the NBW of arrest has been issued, and the petitioner is willing to surrender in the Court below, in order to secure her presence in the trial, the CRLMC is disposed of, directing that if the petitioner surrenders in the Court of the learned Additional Sessions Judge-cum-Special Judge, Keonjhar in the aforesaid case on or before 16.05.2025 and files an application p. 3 for bail, she shall be released on bail on such terms and conditions as deemed fit and proper by the learned trial court in seisin over the matter. 5. 5. The CRLMC is accordingly disposed of. 6. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Subhalaxmi SAHOO