SAURI BAHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) EVEN though the case has been listed for admission today, on the prayer and consent of learned counsel for the parties, it is taken up for final disposal.

(2.) HEARD learned counsel for both sides.

(3.) THE petitioner is an accused in G. R. Case No. 32 of 1991 of the Court of learned j. M. F. C. , Khallikote for the offence under sections 294/324/323/337/34 of I. P. C. On 9. 4. 2007 when the case was posted for judgment, the judgment could not be pronounced due to absence of all the accused persons including the present petitioner. Therefore, the judgment was kept in a sealed cover and n. 6. W. was issued against the accused persons. On 27. 8. 2008 the present petitioner was arrested, produced before the Court and remanded to custody. A petition was filed on behalf of the petitioner under Section 353 (5) of the Code of Criminal Procedure, 1973 (in short 'the Cr. P. C. ') to pronounce the judgment. Another petition was filed to grant bail to him in the alternative. The learned Magistrate vide order dated 12. 9. 2008, which is impugned herein, rejected the petitions occasioning the present revision.