The Single Judge dismissed the petition for quashing but instead directed the petitioner to surrender to the court below by a specified date to apply for bail, reserving the question of bail for the JMFC on merits.
Direction to surrender before JMFC, Pattamundai on or before 14.12.2022 and apply for bail; liberty to approach higher forum if refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2969 of 2022
Pakuni @ Prakash Pradhan …. Petitioner Mr. Ranjit Mohanty, Advocate
-Versus-
Order No.
State of Odisha & Another …. Opposite Parties
Mr. Tapas Ku.Praharaj, SC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
23.11.2022
1. Heard learned counsel for the petitioner and learned
counsel for the State-opposite party No.1.
Page 1 of 3
have already been released on bail by the orders of this Court. It is claimed that the principal accused is on bail and since the petitioner is on better footing, he should be granted a similar relief. In other words, learned counsel for the petitioner does not press the matter on merit but prays that the petitioner should be directed to surrender and apply for bail claiming parity which is objected to by Mr. Praharaj, learned counsel for the State on the ground that there is a case made out against him.
Page 2 of 3
P.S. Case No. 519 of 2021 and in the event he surrenders and applies for bail, the same shall be considered by the court below on merit and in the event it is rejected, he shall have the liberty to approach the higher forum which shall be considered by the learned Sessions court and appropriate orders to be passed thereon as per and in accordance with law considering the plea of parity.
(R.K. Pattanaik)
Judge
kabita
Page 3 of 3
2 issues framed by the court
Whether the petition for quashing of the FIR, Trial Complaint, and related proceedings should be allowed or the petitioner directed to surrender.
Whether the petitioner is entitled to any relief based on the principle of parity given that other accused have been granted bail.
2 provisions across 2 enactments
Pakuni @ Prakash Pradhan
State of Odisha
R.K. Pattanaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
