PARADESI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In both the cases the accused persons have filed applications under section 439(1)(b) read with section 440(2) of the Code of Criminal Procedure assailing the condition in the bail orders to furnish cash security. Since a common question is raised in both the cases and as the orders passed by the Courts below show that similar consideration were made by the learned Magistrate and by the learned Sessions Judge while insisting on cash security, the cases were taken up together with consent of learned counsel for the parties and they are being disposed of by this order.

(2.) Both the Criminal Misc. Cases arise from Lahunipada P.S. Case No 12 of 1993 which corresponds to G.R. Case No 320f 1993 pending in the Court of the Sub-divisional Judicial Magistrate, Bonal in which the petitioners are alleged to have committed offences punishable under section 143/341/294/336/506 I.P.C.

(3.) As stated in the application filed under Sec. 439(1) read with section 440(2) Cr. P.C. (Criminal Misc. Case NO 617/93) the gist of the allegations made in the First Information Report lodged by one D.K. Bhargav of Jindal Strips Ltd. Tensa is to the effect that on 30.1.1993 at 7.30 a.m. when labourers were engaged in loading 20 boxes of wagons at railway siding of Barsuan Railway Station, the petitioner along with 15 others asked them to stop the loading and on their refusal they dragged the operators, abused them in filthy language and broke the glass of the loaders. On getting the said report the police registered the aforementioned case. Investigation is continuing.