RAMAKRISHNA PUJHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD .

(2.) THE informant in Sessions Case No. 74 of 1998 of the Court of Sessions Judge, Kalahandi -Nuapada at Bhawanipatna has filed this application under sections 147/148/307/302/149/323, I. P. C, with the prayer to cancel the bail granted in favour of opposite party members 2 to 10.

(3.) PETITIONER 's contention is that on the basis of the F. I. R. lodged, Junagarh P. S. Case No. 91 of 1997 was registered which corresponds to G. R. Case No. 353 of 1997 in the Court of S. D. J. M., Dharmagarh. After being committed to the Court of Session, the same has been registered as Sessions Case No. 74 of 1998. He further states that because of the attack and injuries inflicted by the opposite patty members the deceased succumbed and, therefore, the case was registered and charge -sheet was filed for the offences punishable under sections 147/148/302/307/149/ 323, I. P. C. During the pendency of the proceeding in the courts below, prayer for bail of the opposite parties 4, 5, 6 and 7 was allowed by learned Sessions Judge, vide order dated 2510 -1997 in Criminal Misc. Case No. 166 of 1997. In that order, learned Sessions Judge found a strong prima facie case against the accused persons (petitioners in that bail application), but while allowing opposite party Nos. 4 to 7 to go on bail, rejected the prayer for bail of opposite party Nos. 2 and 3. On the further application for bail filed by the opposite parties 2 and 3 vide Criminal Misc. Case No. 223 of 1997, both of them were allowed to go on bail vide order dated 19 -12 -1997 of the learned Sessions Judge. On 16 -3 -1998, opposite party Nos. 8 and 9 were allowed to go on bail by learned Sessions Judge as per his order in Criminal Misc. Case No. 56 of 1998. Similarly, on 21 -8 -1998 learned Sessions Judge allowed opposite party No. 10 to go on bail as per order in Criminal Misc. Case No. 235 of 1998.