DAMBARUDHAR SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Application for bail of four accused persons and notice to show cause against cancellation of bail of one accused are taken up together.

(2.) Informant is a Forester. On 30/10/1993 while he was on duty with mobile party and was proceeding down stream in river Mahanadi with seized logs in boat, he saw 20 to 25 persons coming in a big boat armed with lathis. Previously, he had been approached to release the seized logs, which he had refused. Apprehending life risk, mobile party left the seized logs and ran for life. Gang coming in the big boat chased and approaching the informant and others severely assaulted them. Informant had multiple injuries throughout the body and lost two teeth. Joginath Tripathy, forest guard also sustained injuries. When informant fell unconscious, gang left thinking that he is dead. Prema one of the members of the gang took away the loaded gun supplied to informant officially. They also took away the seized logs. After informant-regained sense, he came to Gopalpur being assisted by Joginath. From Gopalpur one gentleman of the village brought him to Subampur. He was shifted to Athgarh Sub-divisional hospital in the vehicle of mobile partly from Subarnpur. At Athgarh, he submitted a written report to Officer-incharge Banki Police Station within whose jurisdiction occurrence took place through the Assistant Conservator of Forests who forwarded the same. Receiving the report, Banki P.S. case was registered and investigation was taken up. Logs taken away were seized. Gun has not been recovered. At that stage on basis of statements recorded, Investigating Officer arrested the five accused persons on 8/11/1993 and forwarded them to Subdi visional Judicial Magistrate on 9/11/1993.

(3.) Bail moved by the four-arrested accused being refused, they moved learned Sessions Judge- for bail on 10/11/1993. Learned Sessions Judge by order-dated 15/11/1993 refused bail to four petitioners and granted bail to Pratapon the sole ground that no witness has named him.