SIPRA MOHANTY Vs. PRADIPTA MOHAPATRA

JUDGEMENT

(1.) The petitioner, wife of Surya Bohidar (hereinafter referred to as the deceasedT), in this application under section 439(2) of the Code of Criminal Procedure has prayed to cancel the bail granted to opposite parties 1 and 2 who are facing trial in S.T. No.7 121 of 1995.

(2.) At the outset I may note here that opposite parties 1 and 2 moved this Court for bail in separate applications and the matters came before Honble R.K. Patra, J., and Honble D.M. Patniak, J. for consideration. Both the Honble Judges upon hearing released them on bail. When this application for cancellation of bail was listed before me, I ordered that the matter be placed before Honble Chief Justice. Pursuant thereto the record was placed before his Lordship who by an administrative order was placed before his Lordship who, by an administrative order in a separate note directed to place this case before me for disposal.

(3.) PetitionerTs case as set out in the application and in the written note of submissions may be briefly stated thus: On 23-4-1994 at about 11.45 p.m. opposite parties 1 and 2 and others in furtherance of their common object committed murder of the deceased in a most ghastly, gruesome and diabolitical manner near Hirakud Police Station due to political rivalry. Shri M.M. Ali, the then Inspector in- charge of Hirakud Police Station, drew up F.I.R. whereupon a case was registered and after due investigation charge-sheet under sections 147, 148, 302/149, 120-B. I.P.C. and section 24 of the Arms Act was laid against all the persons, including opposite parties 1 and 2, involved in the incident, During investigation opposite parties 1 and 2 absconded and could-not be apprehended by the police. Later on, they surrendered in the court and moved successive bail applications before the Sessions Judge and this Court and considering the gravity of the offence and the materials collected during investigation their prayer for bail was rejected. Opposite party No. 1-Pradipta Mohaptra again moved this Court for bail in Criminal Misc. Case No. 1563 of 1995 and was admitted to interim bail on medical ground till 7-1-1996. After expiry of the period, he surrendered in the court below and was taken to custody. Again he approached the Sessions Court for bail on very same ground and the learned Additional Sessions Judge upon hearing rejected the prayer. Thereupon he approached this Court m Criminal Misc. Case No. 1353 of 1996. It was urged that he suffered from renal colic with hypertension and bronchial asthma and was treated in the Eurology Department of V.S.S. Medical College & Hospital, Burla, Sambalpur, His health condition having not improved, he was referred to All India Institute of Medical Sciences (for short AIIMS), New Delhi, where he was treated from 7-1-1996 to 5-4-1996. Since he had to undergo further treatment n the AIIMS, he should be released on bail. Upon hearing the parties and on consideration of the discharge certificate issued by the AIIMS, Honble D.M. Patnaik, J. admitted him to bail by order dated 16-7-1996. Opposite party No. 2-Prasanta Kumar Panda initially approached the Additional Sessions Judge for bail and the same having been rejected, he approached this Court in Criminal Misc. Case No. 596 of 1994, which also met with the same fate. Then again coved this Court on medical ground. It was alleged that due to reactive depression he was treated as an indoor patient in. V.S.S. Medical College, Burla and had been advised to go to Ranchi Manasika Arogyasala, Kanke, for better treatment. The matter came up for consideration before Honble R.K. Patra, J. and upon hearing he was granted bail for a period of 30 days. The interim order was extended from time to time and ultimately the application was rejected being not pressed, as he had filed another regular bail application vide Misc. Case No. 2297 of 1996. Along with the application he filed xerox copy of the Patient discharge slip of Ranchi Manasika Arogyasala, Since the earlier application for bail was heard by Honble R.K. Patra, J. this application was also placed before his Lordship. Taking into consideration the aforesaid discharge slip, the Court allowed his prayer. It was ordered that on his surrendering he would be released on bail on furnishing bond of Rs. 10,000/- with two sureties each for the like amount to the satisfaction of the Sessions Judge/Additional Sessions Judge, Samhalpur.