BANCHHANIDHI SAMAL Vs. ARJUNA ROUT

JUDGEMENT

(1.) The informant in G. R. Case No. 705 of 1995 of the Court of S. D. J. M. Bhadrak has filed this application under sub-section (2) of Section 439 of the Code of Criminal Procedure, 1973 (in short, 'the Code') praying for cancellation of bail granted in favour of the opposite parties vide order in Criminal Misc. Case Nos. 391 and 493 of 1995 passed by the Additional Sessions Judge, Bhadrak.

(2.) Opposite Parties are eight of the accused persons in G. R. Case No. 705 of 1995 relating to an occurrence of assault and murder. They have been charge-sheeted, inter alia, for the offence u/S. 302/34, I.P.C. and now the case is pending in the Court of the Additional Sessions Judge for trial vide S.T.No. 40/213 of 1997.

(3.) Petitioner argued that notwithstanding rejection of the prayer for bail of opposite parties 7 and 8, namely, Kamalakanta Mallik and Akshya Bindhani vide order dated 1-12-1995 in Criminal Misc. Case No. 391 of 1995 on the ground of existence of a prima facie case as being assailants of the deceased, learned Additional Sessions Judge, Bhadrak vide his order dated 20-12-1995 in Criminal Misc. Case No. 493 of 1995 allowed those two persons to go on bail in the absence of any changed circumstances and having no good reasons to reconsider their prayer for bail. It is further stated that so far as opposite parties 1 to 6 are concerned, in addition to existence of prima facie case against them their subsequent conducts (after being released on bail) in terrorising the witnesses and indulging in criminal activities is sufficient to cancel the bail granted to them.