TULIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Tulia @ Nigamananda Jena in CRLA No.423 of 2023 has filed I.A. No.926 of 2023, the appellant Suman Kumar Das in CRLA No.629 of 2023 has filed I.A. No.1366 of 2023, appellant Babulu @ Nihar Ranjan Das @ Patnaik in CRLA No.758 of 2023 has filed I.A. No.2097 of 2023 and the appellant Madhia @ Madhab Das in CRLA No.1141 of 2025 has filed I.A. No.2508 of 2023 for bail.

(2.) The prosecution case, in short, is that Binod Bihari Das (hereafter 'the deceased') was the younger brother of Ras Bihari Das, the informant of the case. The informant was having a liquor shop at Brahmanajharilo, Cuttack and he had business rivalry with the appellant Tulia @ Nigamananda Jena. On 16/12/2015 at about 04.30 p.m., the informant Ras Bihari Das received a telephonic call from his supervisor, namely, Rohit, who informed him that while the deceased was supervising the construction work of their shop room situated at Brahmanajharilo by standing in front of the said half-constructed shop room, two persons came in a motorcycle, purchased liquor from the adjacent liquor shop and suddenly came near the deceased and shot fire at him. They were also uttering in loud voice, "TO BADA BHAI BABU AMA TULIA BHAI SAHITA BEPARA RE TAKKAR DEUCHI, TAKU BI MARIBU, AJI TOTE BI MARIBU" (Your elder brother Babu is competing with our Tulia Bhai in business; We will kill him; Today we will also kill you). It is the further prosecution case that due to business rivalry, the appellant Tulia @ Nigamananda Jena and his wife Jinmayee Jena were threatening the informant to kill him and his family members. Being enraged, they took revenge and killed the deceased by hiring professional criminals.

(3.) Challenging the judgment and order of conviction and sentence, the appellant Tulia @ Nigamananda Jena preferred CRLA No.423 of 2023, which was admitted on 19/5/2023 and an order was passed staying realisation of fine pending disposal of the appeal. The appellant filed I.A. No.926 of 2023 under Sec. 389 Cr.P.C. for suspension of execution of sentence imposed upon him and a coordinate Bench of this Court by order dtd. 9/10/2023, directed release of the appellant on bail.