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2015 Supreme(Ori) 641
IN THE HIGH COURT OF ORISSA
S.K. Sahoo., J.
RAMESH PRADHAN - APPELLANT
Versus
STATE OF ORISSA AND OTHERS - RESPONDENT
CRLMA No. 31 of 2014
Decided On : 03-11-2015
K.B. Kar, S. Pattanayak and D.K. Pattnaik, for the Appellant; Prem Kumar Pattnaik, Addl. Govt. Advocate, for the Respondent
The exercise of judicial discretion in granting bail should consider the nature of the accusation, severity of the punishment, and character of the accused, and should be based on prima facie evidence.
Headnote:
Cancellation of Bail - Criminal Procedure Code - Section 439(2) - 482 - 147, 148, 364, 302, 307, 201, 149 of IPC
Fact of the Case:
The petitioner sought cancellation of bail granted to the opposite party who was accused of obstructing and attacking individuals, resulting in the death of one person and injuries to others, and subsequently fleeing the scene.
Finding of the Court:
The court found that the bail granted to the opposite party was illegal, improper, and arbitrary, and therefore should be cancelled.
Issues: The issues revolved around the legality of the bail granted to the opposite party, considering the nature of the offenses and the health grounds cited for the bail.
Ratio Decidendi: The court emphasized that the exercise of judicial discretion in granting bail should consider the nature of the accusation, the severity of the punishment, and the character of the accused. It also highlighted the importance of prima facie evidence and the distinction between the parameters for grant and cancellation of bail.
Final Decision: The court allowed the application for cancellation of bail and set aside the bail order, directing the opposite party to surrender before the trial court.
JUDGMENT :
S.K. Sahoo, J. - This is an application under section 439(2) read with section 482 Cr.P.C. for cancellation of bail granted to opposite party No. 2 Raju Bhola @ Rajkishore Bhol granted by learned 1st Addl. Sessions Judge, Puri vide order dated 01.07.2013 in Bail Application No. 616 of 2013.
2. The prosecution case as per the First Information Report lodged by the petitioner Ramesh Pradhan before Inspector-in-Charge, Sadar police station, Puri is that on 20.11.2012 at about 5.00 p.m. while the brother of the informant namely Subash Pradhan who was working at Surat had come to Puri with his five friends, the opposite party No. 2 along with other co-accused persons being armed with deadly weapons obstructed them near Batamangala in front of the shop of Dhanu Pradhan and attacked them and took away their vehicle, mobile phone and cash. One of the injured expired due to assault and then the accused persons kept his dead body inside a train and fled away. It is further stated in the First Information Report that the injured persons were under treatment at Sakhigopal Hospital and the whereabouts of the brother of the informant could not be ascertained. The vehicle which was taken away by the accused persons was left on the road which was subsequently seized. The informant suspected that the man who was killed by the accused persons and whose dead body was placed in the Jagannath Express might be his brother. It is further mentioned in the FIR that the accused persons were previously implicated in the assault of the brother of the informant for which a case was pending in the Court of learned Chief Judicial Magistrate, Puri.
On receipt of such First Information Report from the petitioner, Puri Sadar P.S. Case No. 234 dated 24.11.2012 was registered under section 147 /148 /364 /302 /307 /201 read with section 149 of IPC which corresponds to S.T. Case No. 60/426 of 2013 pending in the Court of learned 1st Addl. Sessions Judge, Puri.
3. The Inspector-in-charge, Sadar Police station, Puri himself took up investigation of the case. During course of investigation on 25.11.2012, the I.O. arrived at GRPS, Cuttack and came to know that Cuttack GRPS U.D. Case No. 83 of 2012 was registered on 21.11.2012 as one Ajit Kumar Mishra, Station Superintendent of East Coast Railway intimated that on that day one unknown male person inn an intoxicated condition was found lying dead on platform No. 1. The dead body was sent for post mortem examination. The post mortem report indicated that the deceased had sustained number of contusions which were ante mortem in nature and could have been caused by hard and blunt weapons and the cause of death was opined as asphyxia resulting from regurgitation of food materials into the respiratory passage which could have been due to trauma.
The Investigating Officer seized two numbers of the digital photographs of the unknown male person (dead) taken by the Inquiry Officer. The identification of the deceased was made. The opposite party No. 2 was taken into custody on 27.11.2012 as prima facie case was found against him for commission of offences under sections 147 /148 /364 /307 /302 /201 read with section 149 of IPC. Test Identification Parade was also conducted in which the witness Sankar Sethy participated and he identified the opposite party No. 2 as one of the culprits. It was also found that the opposite party No. 2 has been implicated in a number of criminal cases. It was also found during investigation that the accused persons abducted the deceased and other injured persons from Batamangala and assaulted them in the brick kiln of Ekadasi Jena @ Balia.
After receipt of the supervision report of S.D.P.O., Sadar, Puri, the Investigating Officer submitted charge sheet under sections 147 /148 /364 /302 /201 /307 /149 IPC keeping the investigation open under section 173(8) Cr.P.C.
4. The petitioner moved an application for bail which was heard by learned 1st Addl. Sessions Judge, Puri who vide order dated 01.07.2
