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1984 Supreme(Ori) 132

B.K.BEHERA
SHYAM SAHU – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.Rathi, B.P.RAY, PRITDIP MOHANTY, SHYAM SAHU

BEHERA, J.

( 1 ) THE petitioners are three of the fourteen accused persons facing trial in the court of the Assistant Sessions Judge, Bhanjanagar. The petitioners, besides some of the coaccused persons, stand charged under Section 395 of the Indian Penal Code for having committed dacoity in the house of Raghunath Nayak in village Rangamaru in the district of Ganjam during the night of April 21/22, 1982, being armed with guns and lathis in the course of which a number of articles were removed after keeping the inmates of the house under awe and causing hurt to some of them. On the completion of investigation, a charge-sheet was placed after a prima facie case was found out. On commitment, the learned Assistant Sessions Judge found a case for framing the charge against the petitioners. On a perusal of the materials gathered in the course of investigation, it would not be appropriate at this stage to say that there are no materials to connect the petitioners with the commission of the offence. While dealing with a matter of bail, it would not be desirable and proper to go into the sufficiency or reliability of the materials placed by the investigating agency and this is not the stage

















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