SIMANCHALA SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Criminals and politics which should have been poles apart from each other are now on the two sides of the same coin. Politics have become criminals' paradise. Criminals have built up their nest in politics by virtue of money and muscle power. The trend of criminalization of politics is growing at a fast pace with active connivance of white devils. When the political atmosphere is infected by virulent criminals' bacteria, no antibiotics can decontaminate it. It requires complete sanitization, identification of such unwanted elements, their dislodgement and complete seal of their entry path. Here is a case of politician against whom accusation has been leveled for playing dirty political game for eliminating his political opponent for the sake of power. There is no dearth of such politicians in this Country which is the largest democracy in the world and a home to 1.324 billion people. They can go to any extent and commit any crime leaving political ideology far behind. Such politicians should be changed like diapers which would be a healthy state of affairs for all concerned.

(2.) This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner Simanchala Samal in connection with G.R. Case No.102 of 2017 arising out of Kodala P.S. Case No.50 of 2017 pending in the Court of learned J.M.F.C., Khallikote for offences punishable under sections 147, 148, 452, 294, 302, 506, 120-B read with section 149 of the Indian Penal Code and sections 25 and 27 of the Arms Act.

(3.) The prosecution case, as per the first information report lodged by Sadasiba Swain of village Mardakote before the Inspector in charge, Kodala police station is that on 20.02.2017 at about 9.30 p.m. while his younger brother Pitambar Swain (hereafter 'the deceased') was taking dinner in his house, the petitioner along with other co-accused persons being armed with deadly weapons came to the house of the deceased, kicked and pelted stones at his door and abused him in filthy language. When the deceased came out of his house and found the accused persons in a very aggressive mood, he tried to enter into the house but the petitioner dragged him from the house, abused him in filthy language and assaulted him by means of sword. The other accused persons also assaulted the deceased by means of different weapons as well as by kick and fist blows. When the son of the deceased, Rama Chandra Barada, Prafulla Sahoo so also the informant tried to rescue the deceased, they were also assaulted.