TAPAN JAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, namely, Tapan Jal and Ghanashyama Mahanand in BLAPL No.9418 and the petitioners, namely, Raju Jal, Kal Mugri and Gajman@Gajaban Shika in BLAPL No.10222 of 2019 have prayed for their release on bail under Sec. 439 of the Cr.P.C. and the offences alleged are under Ss. 147/148/341/ 325/302/436/114/120B/149 of the IPC and Sec. 7 of the Criminal Law Amendment Act. Both the bail applications being arose out of the same Tititalgarh P.S.Case No.37 dtd. 3/3/2011, have been heard analogously and are disposed of by a common order.

(2.) The facts of the case are to the effect that, the accused persons numbering 53 in total as per the chargsheet were the employees of M/s.Graphite India Limited-Powmex Steels Division situated at Turula under Titilagarh Police Station. There was a dispute between the management and the workers for which the workers were staging their protest on the occurrence day i.e., 3/3/2011. On that fateful day when the deceased, who was the D.G.M. of the factory, was going for lunch along with the Vice-President of the factory, namely, Bichitrananda Panda, just outside the main gate of the factory the angry workers torched their vehicle and killed the deceased by setting ablaze him sprinkling petrol. The deceased died on the way while taken to the hospital. Fifty three accused persons have been named in the chargsheet and out of them, besides these present five petitioners, eighteen others faced their trial in S.T.Case Nos.129 of 2017 and 130 of 2017 before the learned Sessions Judge,

(3.) Sambalpur. Out of those eighteen accused persons, who faced trial, all have been acquitted except one Kumar Bag, who has been sentenced to life imprisonment for commission of offences under Ss. 302/149 of the I.P.C.