Prem Narayan Singh Parihar @ vs State Of Odisha
2021 Latest Caselaw 12989 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC No.540 of 2021

            Prem Narayan Singh Parihar @            ....        Petitioner
            Pintu

                                                  M/s. Babita Sahu,
                                                  Advocate


                                       -versus-
            State of Odisha                       ....       Opposite Party
                                            Mr.S.K.Mishra,
                                            Addl. Standing Counsel

            CORAM:

                       JUSTICE SASHIKANTA MISHRA


                                      ORDER

21.12.2021.

Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard M/s. Babita Sahu, learned counsel for the Petitioner, and Mr.S.K.Mishra, learned Addl. Standing Counsel for the State.

3. This is an application under Section 482 of the Cr.P.C. The Petitioner is an accused in C.T. Case No.43 of 2017 in the court of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri.

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4. It is forcefully argued by learned counsel for the Petitioner that the principal accused persons have been acquitted in this case on the same allegation vide judgment dated 30th April, 2019 passed by the learned Special Judge, Malkangiri in C.T. No.43/2017, a copy of which is annexed as Annexure-3 to the CRLMC. Inviting attention of the Court to the observations made by the learned court below in the judgment, it is submitted by Mr. Sahu that the independent witnesses have not stated anything incriminating against the said accused persons. Since the present Petitioner stands on a better footing than the said accused persons, it is submitted that it would be futile to put him to trial for the same offence.

5. Learned Add. Standing Counsel, on other hand, has opposed the contention advanced by learned counsel for the Petitioner by submitting that the Petitioner has been absconding since long and the quantity of ganja seized is more than commercial quantity.

6. Having considered the rival submissions, the materials on record and having regard to the fact that the Petitioner has not faced trial for which it would be speculative for this Court to observe anything with regard to the result of the trial to be held in respect of him, this Court is not inclined to interfere in the matter. It is, however, open to the Petitioner to surrender before the court below and move for bail, which shall be considered

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on its own merit and also having regard to the circumstances as indicated herein above.

The CRLMC is disposed of.

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

(Sashikanta Mishra) Judge AKB