STATE OF ORISSA Vs. RAJENDRA PRASAD BHARADIA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, filed by the State of orissa, impugns the judgment and order of the High court of orissa allowing the release of Rajendra Prasad Bharadia, the first respondent, and Purakh Chand Chandak, the second respondent, "on bail of Rs. 50,000. 00 (fifty thousand) each with two local sureties each for the like amount to the satisfaction of the SDJM, Cuttack, subject to the further conditions that they shall personally appear in court on each date on which the case is posted; they shall not leave Calcutta without court's permission excepting for appearing in the case till the trial is over; they shall report at Lal Bazaar Police Station, Calcutta, every fortnight on Sunday and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court".

(3.) The two respondents along with eight others are charged under Section 302 read with Section 34 of the Indian Penal Code in Chauliaganj P. S. Case No. 33 of 1993. The case was instituted on the first informationreport lodged by Bijoy Mohapatra on 17/2/1993, alleging that at about 7 p. m. on that day he had heard the cries of a woman from the premises of the central Flour Mill at Naya Bazaar and that on reaching that spot he had a heard that Smt Bina Jhawar, daughter of Kali Prasad Bharadia, had been assaulted by Rohit Chandak, his employees and others and that they had poured some liquid upon her and set her afire. The High court noted that an earlier application for bail filed by the respondent Purakh Chand Chandak during the stage of investigations had been dismissed on 23/4/1993. The principal case against the respondents rested upon the dying declarations said to have been made by the deceased Bina. Considering the same and apposite judgments, the High court stated: