JUDGMENT

M. M. DAS, J. : These are applications filed by Sankar Adeya @ Sankar Addhya @ Daku and Narayan Ghosh @ Nantu respectively under Section 439 Cr.P.C. seeking grant of bail in G.R. Case No.831 of 2006 corresponding to Puri Sea Beach P.S. Case No.111 of 2006.

2. On 22.6.2006, an F.I.R. was lodged in Puri Sea Beach Police Station by one Prasanta Bal stating, inter alia, that on 20.6.2006, the informant along with 250 members of Banagaon Motor Association came to Puri and stayed at hotels, namely, Dolphin, Prince, Mayur, Konark and Sea King. One amongst the said members, namely, Tapas Mitra, who was a councillor of Banagaon Municipali¬ty, Ward No.2 and a member of the Trade Union also came along with them as an invited guest and stayed in hotel Mayur. On 22.6.2006, at about 9.20 P.M., the informant along with the said Tapas Mitra, Pallav Das, Swapan Seth and others, while sitting on the sea beach in front of hotel R.L., a man suddenly came to the spot and with a revolver fired at Tapas Mitra with intention to kill him. As a result, the said Tapas Mitra sustained bleeding injuries on his back and he was shifted to Puri District Hospi¬tal. But on the way, he died. The informant and others tried to catch hold of the person who fired at Tapas Mitra, but he was able to escape from the spot. The informant suspected that due to political rivalry and previous enmity, the said person killed Tapas Mitra. After investigation being made by the Investigating Agency, a charge sheet was submitted on 30.12.2006 in the afore¬mentioned G.R. Case under Sections 302/34 IPC read with Sections 25/27 of the Arms Act against 8 (eight) accused persons. The said accused persons were arrested in a connected case being Banagaon P.S. Case No.146 of 2006 and were produced before the Court, before filing of the charge sheet.

3. While filing the charge sheet, the Investigating Offi¬cer stated that as the statutory period of 120 days was going to expire on the date of filing of the charge sheet, the charge sheet was submitted against the eight accused persons to face their trial and supplementary charge sheet will be submitted against the other five accused persons after completion of the investigation as per Section 173 (8) of the Cr.P.C.

4. The petitioners in the above case are not named as accused persons in the said chargesheet. However, it appears that subsequent to filing of the charge sheet, the learned S.D.J.M., Puri by his order dated 2.1.2007 took cognizance of the alleged offences under Sections 302/120-B/34 IPC read with Sections 25/27 of the Arms Act against the accused persons named in the charge sheet. The petitioners were subsequently arrested on 30.3.2007 by the police personnel of Banagaon Police Station on requisition of Puri Sea Beach Police Station.

5. Mr. Ashok Mohanty, learned senior counsel appearing for the petitioners submitted that the petitioners filed an applica¬tion for bail, being CRMA No. 3337 of 2007 before the Calcutta High Court and by order dated 5.4.2007 passed by the Calcutta High Court, in the said application, it was directed that the petitioners will be released on interim bail for a period of two weeks of Rs.10,000/- each with two sureties of Rs.5,000/- each for each of the accused persons, one of whom, must be a local, to the satisfaction of the learned A.C.J.M., Banagaon. It was fur¬ther directed that after being released on bail, the petitioners will surrender before the appropriate Court, i.e., learned S.D.J.M., Puri within two weeks from the date of their release in connection with G.R. Case No. 831 of 2006. Subsequent thereto, the petitioners surrendered before the learned S.D.J.M., Puri on 20.4.2007 and prayed for bail. The prayer was rejected upon which the petitioners moved the learned Sessions Jude, Puri which also ended with a same result. Mr. Mohanty further submitted that after the accused persons named in the charge sheet were produced before the learned S.D.J.M., Puri, their statements were recorde