PARAKSHITA PRADHAN Vs. BAIRAGI PRADHAN

JUDGEMENT

(1.) Parakshita Pradhan, brother of the deceased Laxmidhar Pradhan filed this application u/S. 439(2), Cr. P.C. to cancel the order passed by the learned Sessions Judge, Puri admitting the opposite party No.1 Bairagi Pradhan to bail.

(2.) The opposite party No. 1 along with others has been charge-sheeted u/Ss.302, 323, 149, 148 and 147, IPC for having committed the murder of Laxmidhar Pradhan on 6-10-1989. In the application under S. 439(2) it is stated, inter alia, that the opp. party No.1 though named in the FIR as one of the assailants was not included in the chargesheet submitted by the investigating Officer. Subsequently, on the intervention of the superior police officers further chargesheet including his name as an accused was submitted. It is the case of the petitioner that due to the influence exercised by the opposite party No. I on the local police, particularly the Investigating Officer and the Addl. Superintendent of Police his name was excluded from the charge-sheet even though he was the principal accused and at his instigation the other accused persons assaulted Laxmidhar. The petitioner has further alleged that as per the report dated 4-4-90 the opp. party No. 1 threatened him on 5-4-90 that if he deposes in the case against him he will be eliminated like his brother. On these allegations the petitioner contended that the learned Sessions Judge erred in admitting the opposite party No. 1 to all and the order passed by him should be cancelled.

(3.) From the facts stated above, it is clear that the petitioner seeks cancellation of bail mainly on the grounds that the case is not at all a fit one for grant of bail to opposite party No. 1 from the order dated 19-4-90 passed by the learned Sessions Judge, it appears that he was inclined to exercise his discretion in favour of opposite party No. 1 considering the facts that initially the Investigating Officer had accepted his (opposite party No. 1) plea of alibi and had not included him as an accused in the charge-sheet. Later at the behest of the D.I.G. (Crimes) the supplementary charge-sheet showing the name of opposite party No. 1 was submitted.