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1990 Supreme(Ori) 106

D.P.MOHAPATRA
BAIKUNTHANATH DALAI – Appellant
Versus
BULA ALIAS DIGARNBAR JENA – Respondent


Advocates Appeared:
D.P.Dhal, K.Padhi

D. P. MOHAPATRA, J.

( 1 ) BAIKUNTHANATH Dalai, the informant in G. R. Case No. 260 of 1989 of the court of the S. D. J. M. , Nayagarh has filed these two petitions under Sections 439 (2) of the Code of Criminal Procedure ('cr P. C. ' for short) assailing the orders of the Sessions Judge, Puri admitting the accused opp. parties to bail. Since the petitions relate to the same criminal case and the contentions raised by the petitioner in both the cases are similar, with consent of the learned counsel for the parties they have been heard together and are being disposed of by this order.

( 2 ) ON the First Information Report lodged by the petitioner in Sarankul Police Station on 1-8-89 G. R. Case No. 260 of 1989 was initiated against the opp. parties and some others under Sections 147/ 148/326/336/324/302/149, I. P. C. and Sections 25 (a)/ 27 of the Arms Act. The case of the prosecution, shortly stated, was that since two years prior to the occurrence there was party faction in the village; while the petitioner and the deceased Arjuna Jena were in the minority group the accused persons belonged to the majority group. On 1-8-89 at about 6-30 a. m. while the petitioner came out of his ho








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