HARERAM SATPATHY Vs. TIKARAM AGARWALLA AND 4 ORS.

JUDGEMENT

(1.) THIS petition has been filed on behalf of the informant in the Bolangir P.S. Case No. 281/71 on which G.R. Case No 437/74 was registered. By this miscellaneous petition under Section 439(2), Code of Criminal Procedure it is prayed that the bail granted in favour of the opp. parties 1 to 4 by the Sessions Judge, Bolangir on 1 -2 -1975 in Criminal Misc. Case No. 15 -B of 1975, may be cancelled. The order releasing the said opposite parties on bail was passed as per the provisions of proviso (a) to Section 167 of the New Code of Criminal Procedure as the police did not file the charge sheet in the case within sixty days of the arrest of these accused persons.

(2.) ON the information lodged by the Petitioner in this case in the Balangir Police station about the murder of his brother Parsuram Satpathy in the town of Bolangir, Bolangir P.S. Case No. 281/74 was registered against the opposite parties and six others under Sections 147, 148, 302, 149 and 120 -B, Indian Penal Code, and the opposite parties and two other persons were arrested by the Police. The bail applications made on behalf of the said arrested persons were rejected by the Subdivisional Judicial Magistrate. Thereafter the arrested persons moved the learned Sessions Judge who rejected the bail applications in respect of the opposite parties but granted bail to the other two arrested persons on the ground of their tender age. The opposite parties thereafter moved this Court, in Criminal misc. Case No. 410/74 and Criminal misc. Case No. 412/74. for their release on bail, but - this Court rejected their prayer to that effect on the finding that there was a prima facie case of murder against these persons. Opposite party No. 1 filed Criminal Revision No. 546/74 before this Court against the order remanding the accused to custody and the said revision was dismissed. Thereafter as charge sheet of the case was not filed till 30 -1 -1975 opposite parties 1 to 4 filed an application for their release on bail under proviso (a) to Section 167 of the New Code of Criminal Procedure before the learned Subdivisional Judicial Magistrate, Bolangir. The Public Prosecutor on that date submitted that the charge sheet would be filed in course of that day, but the same was not filed on that date or even on the next day. So opp. parties 1 to 4 moved the Sessions Judge, Bolangir under Section 439. Criminal Procedure Code, and the Sessions Judge by his order dated 1 -3 -1975 in Criminal misc. Case No. 15 -B of 1975 released the opposite parties on bail as per proviso (a) to Section 167, Criminal Procedure Code.

(3.) TWO other charge -sheeted accused persons, namely Premlal Suna and Sagyna Pruseth have not been released on bail and their petition for bail to this Court also has been dismissed on the finding that they actively and directly associated themselves in this 'very gruesome and deliberate' murder.