Supreme Court - Daily Orders
M/S Graphite India Limited vs The State Of Odisha on 13 August, 2021
Bench: A.M. Khanwilkar, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.810-811 OF 2021
(Arising out of SLP(CRL) Nos. 1515-1516 of 2021)
GRAPHITE INDIA LIMITED Appellant(s)
VERSUS
STATE OF ODISHA & ORS. ETC. Respondent(s)
O R D E R
Leave granted.
These appeals take exception to the judgment and order dated 27.01.2021 passed by the High Court of Orissa at Cuttack in BLAPL No. 9418 of 2019 and BLAPL No. 10222 of 2019, releasing the private respondents on bail in connection with P.S. Case No. 37 dated 03.03.2011 registered at P.S. Tititalgarh, Orissa under Sections 147, 148, 341, 325, 302, 436, 114, 120B, and 149 of the Indian Penal Code.
The High Court was impressed by the fact that other accused who went for trial were acquitted because the prosecution failed to establish their role and Signature Not Verified Digitally signed by involvement DEEPAK SINGH Date: 2021.08.14 13:29:05 IST in commission of crime. Whereas, regarding Reason: 2 the eye-witnesses' account qua the private respondents, it was mentioned that they were present at the scene of offence but nothing was mentioned about the overt act of the private respondents. The reason weighed with the High Court, in our opinion, is self-contradictory. We do not wish to elaborate lest any prejudice is caused to any party.
Be that as it may, the High Court has completely glossed over the crucial fact that the private respondents evaded arrest for over eight years, they were declared absconder. The fact that they later surrendered on 21.10.2019, as claimed by them, cannot be the basis to show any indulgence to them. In fact, this aspect has not been dealt with by the High Court at all. Suffice it to observe that the High Court having noted that eye-witnesses have mentioned about the presence of the private respondents at the scene of offence at the time of incident and as contended by the appellant and learned counsel for the State that there is ample evidence to indicate the involvement of the private respondents in the commission of crime in question, we allow these appeals and set aside the impugned order 3 passed by the High Court.
Accordingly, the private respondents shall surrender within two weeks from today, failing which the Investigating Officer may proceed against them forthwith in accordance with law and compliance report in that regard be submitted to this Court within one week thereafter.
Learned counsel for the private respondents submits that the private respondents will voluntarily surrender within two weeks, the time period given by this Court.
Needless to observe that the Trial Court shall consider the entire matter on its own merits and in accordance with law, uninfluenced by any observations made in the impugned order or for that matter, this order setting aside the impugned order of the High Court.
All contentions available to both sides are left open.
We direct the prosecution/Investigating Officer to ensure that the trial is concluded not later than six months from today.
The Trial Court shall submit compliance report in that regard as well.
4Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (SANJIV KHANNA) New Delhi;
August 13, 2021.
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ITEM NO.31 Court 3 (Video Conferencing) SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1515-
1516/2021
(Arising out of impugned final judgment and order dated 27-01-2021 in BLAPL No. 9418/2019 27-01-2021 in BLAPL No. 10222/2019 passed by the High Court Of Orissa At Cuttack) M/S GRAPHITE INDIA LIMITED Petitioner(s) VERSUS THE STATE OF ODISHA & ORS.ETC. Respondent(s) (FOR ADMISSION and I.R. ) Date : 13-08-2021 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Siddharth Dave, Sr. Adv. Mr. Avijeet Pattnaik, Adv. Mr. Sarvavid Pradhan, Adv. Mr. Anirudh Sanganeria, AOR For Respondent(s) Mr. Shrutee Aradhana, Adv. Mr. Som Raj Choudhury, AOR Mr. Swastik Dalai, Adv.
Mr. M. Srinivasan, Adv.
Mr. Rameshwar Prasad Goyal, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]