NANDA SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application for cancellation of bail under Section 482 of Cr.P.C. filed by one A.Dilesu Dora, who happens to be P.W.5 in Sessions Case No.368 of 2001, out of which Criminal Appeal No.147 of 2003 arises.

(2.) Shortly stated the facts are as follows: The appellants three in number have filed Criminal Appeal No.147 of 2003 against the judgment and order dated 9.5.2003 passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in Sessions Case No.368 of 2001 convicting and sentencing the appellants to undergo life imprisonment for the charges under Section 302/34 of I.P.C. During pendency of the appeal, appellants filed Misc. Case No.217 of 2011 praying for bail. On 20.06.2011, the above noted Misc. Case was allowed by this Court directing the trial court to admit the appellants to bail on such terms and conditions as may be deemed just and proper. Accordingly, on 1.7.2011, the learned Sessions Judge, Ganjam directed to release the appellant Nos.2 and 3 on bail with conditions that they should not leave the territorial jurisdiction of that court without prior permission and that they should not indulge in any unlawful activities. Similarly, on 6.7.2011, the learned Sessions Judge, Ganjam directed to release the appellant No.1 on bail with conditions that he should not leave the territorial jurisdiction of that court without prior permission and should not indulge in any unlawful activities.

(3.) After being so released on bail, the appellants started threatening the present petitioner as well as the informant, his brother, namely, A. Ganesh Dora who was examined as P.W.1 in Sessions Case No.368 of 2001 with an intention to kill them. It may be noted here that the above noted Sessions Case No.368 of 2001, out of which Criminal Appeal No.147 of 2003 arises was for commission of murder of one, A. Fakir Mohan Dora in the year 2001, who happens to be the brother of the present petitioner (P.W.5) and informant (P.W.1).