SUNASAGADA VENKATA RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners, who along with 13 others have been accused of commission of offences punishable under sections 396, 307, 326, 324 and 120-B IPC read with sections 25(1-B) (a) and 27 of the Arms Act in connection with Paralakhemundi P. S. Case No. 29 of 2001 corresponding to G.R. Case No. 57 of 2001 now sub-judice before the learned S.D.J.M., Paralakhemundi, have approached this Court under Section 439 of the Code of Criminal Procedure seeking pre-trial bail, their prayer for bail made before the learned Additional Sessions Judge, Parlakhemundi having been refused.

(2.) Pith of accusation against the petitioners is that they are the supporters of Peoples War Group extremists (in short 'PWG') led by Sankaranna, Srikant, Balkrishnan, Santosh, Jayanta Patra and others, who hatched up a criminal conspiracy by convening meetings at the foot of Langarmetta Hill near village Bithisingi on 12/13.3.2001 and attacked OSAP force camping in the Community Centre building at village Upalada at about 8.30 P.M. on 13.3.2001 and looted away their arms and ammunition after committing murder of Sepoy Raj Kishore Kulu (S/316) and Sk. Sammuruddin (S/1038) and attempting to commit murder of Surendera Kumar Parida (LNK-406) and S.K. Bhol inflicting on them grievous injuries and also causing simple injuries to Chittaranjan Bhoi (S-311) and also cook Kamaraju. It is also alleged that the accused persons fired from their arms at the OSAP personnel by attacking on the camp suddenly. On the information lodged by Kanhei Charan Majhi (S-117) Parlakhemundi P.S. Case No. 29 of 2001 under section 396 I.P.C. read with Section 25(a) of the Arms Act was registered. During investigation, the prosecuting agency arrested the present petitioners and on completion of investigation laid charge sheet under Sections 396, 307, 326, 324 and 120-B of the Indian Penal Code read with Section 25 (1-B) (a) and 27 of the Arms Act showing the other accused persons as absconders.

(3.) Shri H.M. Dhal, learned counsel appearing for the petitioners has raised the contention that the petitioners are innocent of the allegations levelled against them by the prosecution and particularly when there are no materials on record to show their involvement in the commission of the alleged crime, their detention in the jail custody, before they are actually found guilty during trial and convicted of the charge, is illegal. It is further contended by him that the allegations of the prosecution that the petitioners were found in a meeting of Peoples War Group (Naxalites) held at Langermetta Hill near village Bithisingi one day prior to the occurrence does not constitute an offence under section 120-B of the Indian Penal Code, particularly when there is no material to show that there was an agreement between the parties to commit the alleged offences. That apart, as per his contention no T.I. Parade has been conducted at the request of the prosecuting agency for proper identification of the present petitioners regarding their participation in the actual crime.