MAHIMANANDA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. K.T.S. Tulsi, learned Senior Advocate for the petitioner and Mr. J. Katikia, learned Additional Government Advocate for the State. Hearing on bail was taken up on 8.5.2017, 11.5.2017, 15.5.2017, 17.5.2017, 19.5.2017 and 20.6.2017.

(2.) This is an application under Section 439 Cr.P.C. filed by the petitioner for releasing him on bail for his involvement in the alleged offences under Sections 341/307/120(B)/34 of the I.P.C. read with Sections 25/27 of Arms Act and Section 9 (b) of I.E. Act.

(3.) The factual matrix leading to the case of the prosecution is that one Abhaya Kumar Bhatta, a lawyer while coming from the Court at about 7.30 P.M. on 20.9.2013 with his relative Hadu @ Susanta Kumar Pal in his Car, near Khannagar High School four Motorcyclists came and one of them hurled bomb towards him and also fired gun for which both Abhaya and Susanta got multiple injuries on their persons. Since Abhaya was driving the vehicle, he could not keep balance and met an accident. However, the vehicle stopped and thereafter they were shifted to S.C.B. Medical College & Hospital, Cuttack. In the Hospital they were treated as Indoor patient and after some time, they were discharged. In the F.I.R. it has been stated that there was a rift with regard to the land dispute between Purnananda Padhiary and his brother and he suspected that due to such land dispute his life was in a state of danger and consequently there was such attempt on his life to kill. This is a case of 201 Thereafter the investigation proceeded. During investigation, the witnesses were examined. Police also in the year 2017 arrested co-accused Ganesh Sahoo, who disclosed the name of the petitioner to have instigated him to cause death of injured Abhaya Bhatta for the simple reason that the present petitioner was interested to purchase that land of Padhiary brothers for which the injured was also interested. However, at present the charge-sheet has been submitted against the petitioner and co-accused Ganesh Sahoo for the offences as alleged above.