Suchain Prafullamani Suchit vs State Of Odisha
2023 Latest Caselaw 10598 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLMC. No. 3864 of 2023
            Suchain Prafullamani Suchit     ...                                Petitioner

                                                                 Mr. D.Dash, Advocate

                                                -Versus -
            State of Odisha                       ....                     Opposite Party
                                                            Additional Standing Counsel

                          CORAM:
                            JUSTICE SASHIKANTA MISHRA

                                         ORDER

01.09.2023 Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned Additional Standing counsel for the State.

3. It is submitted that the principal accused persons have already been acquitted and further the petitioner was also granted bail earlier in the case as per judgment passed by this Court. The petitioner claims to stand on better footing, since he was implicated on the basis of the statement of the co-accused persons. However, because of his abscondence, the trial had to be split up. He prays for quashing of the criminal proceeding on the ground that on the same set of evidence, all the other co-accused persons have since been acquitted.

4. This Court however, finds that the petitioner has not appeared before the Court. In the meantime, NBW has been issued against him.

5. Having due regard to the above facts the CRLMC is disposed of directing the petitioner to surrender within 11 days before the Court in seisin over the matter and move for bail. In case of rejection, he shall be at liberty to the higher forum also on the same day for which necessary records shall be transmitted. The higher forum shall also

dispose of the bail application on the same day. Further, the fact that on the same set of evidence the other co-accused persons have already been released on bail shall also be taken into consideration.

6. List this matter on 13.10.2023.

7. No coercive action shall be taken against the petitioner till his surrender in the court below as directed.

8. The CRLMC is disposed of accordingly.

(Sashikanta Mishra) Judge

Deepak

Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 02-Sep-2023 16:27:35