NANTU @ NARAYAN GHOSH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE are applications filed by Sankar Adeya @ Sankar Addhya @ Daku and Narayan Ghosh @ Nantu respectively under Section 439 Code of Criminal Procedure seeking grant of bail in G.R. Case No. 831 of 2006 corresponding to Puri Sea Beach P.S. Case No. 111 of 2006.

(2.) ON 22.6.2006, an F.I.R. was lodged in Puri Sea Beach Police Station by one Prasanta Bal stating, inter alia, that on 20.6.2006, the informant along with 250 members of Banagaon Motor Association came to Puri and stayed at hotels, namely, Dolphin, Prince, Mayur, Konark and Sea King. One amongst the said members, namely, Tapas Mitra, who was a councillor of Banagaon Municipality, Ward No. 2 and a member of the Trade Union also came along with them as an invited guest and stayed in hotel Mayur. On 22.6.2006, at about 9.20 P.M., the informant along with the said Tapas Mitra, Pallav Das, Tapas Ghosh, Swapan Seth and Ors. while sitting on the sea beach in front of hotel R.L., a man suddenly came to the spot and with a revolver fired at Tapas Mitra with intention to kill him. As a result, the said Tapas Mitra sustained bleeding injuries on his back and he was shifted to Puri District Hospital. But on the way, he died. The informant and Ors. tried to catch hold of the person who fired at Tapas Mitra, but he was able to escape from the spot. The informant suspected that due to political rivalry and previous enmity, the said person killed Tapas Mitra. After investigation being made by the Investigating Agency, a charge sheet was submitted on 30.12.2006 in the aforementioned G.R. Case under Sections 302/34 Indian Penal Code read with Sections 25/27 of the Arms Act against 8(eight) accused persons. The said accused persons were arrested in a connected case being Banagaon P.S. Case No. 146 of 2006 and were produced before the Court, before filing of the charge sheet.

(3.) THE Petitioners in the above case are not named as accused persons in the said charge sheet. However, it appears that subsequent to filing of the charge sheet, the Learned S.D.J.M., Puri by his Order Dated 2.1.2007 took cognizance of the alleged offences under Sections 302/120B/34 Indian Penal Code read with Sections 25/27 of the Arms Act against the accused persons named in the charge sheet. The Petitioners were subsequently arrested on 30.3.2007 by the police personnel of Banagaon Police Station on requisition of Puri Sea Beach Police Station.