RANKANIDHI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a petition under Section 439(2) read with Section 482, Cr. P.C., wherein the petitioner who is the informant in C.R. Case No. 228 of 1995 of the Court of S.D.J.M., Puri has prayed for cancellation of bail granted to the opposite party No. 2 by the Second Additional Sessions Judge, Puri and the bail granted to the opposite parties 3 and 4 by the Investigating Officer.

(2.) The facts of the case are as follows :- On 26-11-1995 the present opposite party No. 3 Datakrushna Panda lodged an information alleging that while he along with his co-villagers were cleaning the village road which the present petitioner's family had encroached, the petitioner's father, mother and sister scolded the members engaged in cleaning and the petitioner's Father Purna Chandra Panda and one Laxmidhar Panda who were armed with Faras and Kati threatened them and assaulted the opposite party No. 2 and caused bleeding injury on his person. Sabita Panda also assaulted the opposite party No. 3 by means of a Farsa. The petitioner was armed with a bomb and threatened to throw at the opposite parties at which the opposite parties left the place out of fear. On the above allegation, Pipili P.S. Case No. 227 of 1994 was registered under Sections 307/34, I.P.C. against the present petitioner and others. Subsequently, on the information of the present petitioner wherein it was alleged that during his absence on that day at about 12 noon when the present opposite parties were cutting the fence, the father of the petitioner objected at which the opposite parties chased him to assault and when the mother of the petitioner intervened, she was also assaulted. The father of the petitioner went inside his house and bolted the door but the opposite parties broke open the door and the opposite party No. 4 assaulted the father of the petitioner by means of a Farsa. It is also alleged that they took away Rs. 9,000/- and two gold chains by breaking open the almirah. On the above information, Pipili P.S. Case No. 228 of 1995 was registered for the offence under Sections 326, 380 read with Section 34, I.P.C. against the opposite parties and some others.

(3.) It is the case of the petitioner that in the said case during investigation, police released opposite party Nos. 3 and 4 on bail illegally. It is also alleged that subsequently opposite party No. 2 was arrested on 16-4-1996 and was forwarded to the Court and though his prayer for bail was rejected by the learned S.D.J.M., the learned Second Addl. Sessions Judge granted him bail in Criminal Misc. Case No. 239 of 1996 on 25-4-1996 with the condition that he shall undertake to maintain peace and be of good behaviour while on bail. It is alleged that the said order for bail was passed without proper application of mind and as such, the same is liable to be cancelled. It is further alleged that while on bail these opposite parties along with some co-villagers in absence of the present petitioner and other male members of his family again cut the fence and dug earth belonging to the petitioner on 9-5-1996 at about 8.00 a.m. and when Sabita Panda the sister of the present petitioner protested against their illegal action, these opposite parties chased her to assault for which she entered into her house and escaped their wrath, about the above occurrence Sabita Panda lodged information at Pipili Police Station. But when the police did not take any action she wrote a letter to the Superintendent of Police seeking interference. It is alleged that by their above action, the opposite parties have abused the bail granted to them and as such, the same is also liable to be cancelled.