NARAYAN GHOSH ALIAS NANTU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by the refusal of bail by the High Court both the accused persons have come up before us by filing separate appeals.

(3.) The accused before us along with six other accused persons are facing the prosecution for the offences of criminal conspiracy under Section 120B IPC, murder under Section 302/34 IPC as also the offences under Section 25 and 27 of the Indian Arms Act. The case of the prosecution appears to be that the 8 accused persons conspired and in pursuance of that conspiracy one Tapas Mitra was murdered on the Puri Sea Beach. Immediate report with regard to the murder was lodged at the Puri Sea Beach Police Station by one Prashanta Bala to the effect that the informant along with some others, all of whom were the members of Baragaon Motor Association, about 250 members, had come to Puri and stayed in the hotels and deceased Tapas Mitra who was a Councilor of Baragaon Municipality was one of them. It was alleged that he was a member of the Trade Union and was an invited guest and was staying at Hotel Mayur and on 22.6.2006 at about 9.20 p.m. when the informant along with deceased Pallav Das, Tapas Ghosh and Swapan Seth were sitting on the sea beach in front of Hotel R.L., a man suddenly came on the spot and fired at Tapas Mitra, as a result of which Tapas Mitra sustained bleeding injuries. It was further averred that the persons present there tried to catch the assailant but he was able to escape. It was expressed specifically in the FIR that it was due to the political rivalry and previous enmity that Tapas Mitra was murdered. On the basis of the investigation some persons were arrested and a charge-sheet came to be filed against eight accused persons. However, after further investigation as per Section 173(8) Cr.P.C., the SDJM, Puri by his orders dated 2.1.2007 took cognizance of the offences under Section 302/34 IPC as also under Sections 25/27 of the Arms Act against the accused persons and as such they were arrested on 30th March, 2007 by Banagaon Police Station on the requisition of Puri Sea Beach Police Station.