SIBA PRASAD DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Father of nation Mahatma Gandhi conceptualized 'Rama Rajya' as kingdom of God on earth. He said, "The withdrawal of British power does not mean Rama Rajya. How can it happen when we have all along been nursing violence in our hearts under the garb of non-violence?" Governments after governments and the intellectuals responsible for strengthening the four pillars of democracy have made heartfelt endeavour during the seventy two years of independence to fulfill the dreams of Gandhiji. Our nation has indubitably has several achievements to its credit. It has built a modern economy, remained a democracy and lifted millions out of poverty. In the midst of a vast ocean of material prosperity, some corrupt politicians, dishonest officials and businessmen by using money and muscle power with the help of criminals have tried to shatter such dreams for the sake of their everestian selfish desires of amassing huge wealth by taking recourse of illegal ways to silence their competitors forgetting that traffic lights would never be green always for them. The petitioners Siba Prasad Das and Manoj Gochhayat @ Pintu in BLAPL No. 1449 of 2017, petitioner Rakesh Choubey in BLAPL No. 4275 of 2017, petitioner Quadir Khan @ Faiz Ahmed @ Ashok Bihari @ Raju in BLAPL No. 5093 of 2017 and petitioner Mohammed Babul @ Md. Bablu in BLAPL No. 6830 of 2017 have knocked at the portals of this Court under section 439 Cr.P.C. seeking for bail in connection with G.R. Case No. 964 of 2016, arising out of Paradeep P.S. Case No.180 of 2016 pending in the Court of learned J.M.F.C.(P), Kujang for offences punishable under sections 302 / 120-B of the Indian Penal Code, sections 25 (1-B)/27 of the Arms Act , 1959 and sections 3 and 4 of the Explosives Substances Act, 1908. The bail applications of the petitioners were rejected by the learned Sessions Judge, Jagatsinghpur. Since all the four bail applications arise out of same case, with the consent of the parties, those were heard analogously and disposed of by this common order.

(2.) On 26.10.2016 Sri Rajkishore Swain of village Boilo situated under Kissnnagar police station lodged the first information report before the Inspector in charge, Paradeep police station stating therein that his younger brother Mahendra Kumar Swain @ Babuli (hereafter 'the deceased') was serving as Branch Manager in M/s. Seaways Shipping & Logistics Ltd. (hereafter 'M/s. Seaways') since 2000. There was business rivalry between the company of the deceased and Mahimananda Mishra of Orissa Stevedores Ltd. (hereafter 'OSL') since two years and on many occasions, accused Mahimananda Mishra had threatened to kill the deceased. He had also sent some goondas to the office of the deceased who threatened the deceased and asked him to leave the company or else he would face dire consequence. The deceased narrated about such incidents of threat to the informant as well as to the other family members. There was a meeting few days prior to the occurrence for amicable settlement of the dispute in the office of Collector, Jagatsinghpur in presence of the Chairman of Paradeep Port which was published in media.

(3.) The Inspector in charge of Paradeep police station himself took up the investigation of the case. The materials available on record indicate that when the deceased was going to his place of work in his Scropio vehicle with driver Chandan Nayak and body guard Harihar Rout, bombs were thrown by the accused persons on the vehicle, which caused damage to the front glass. The deceased, his driver and body guard in order to save their lives tried to run away from the spot. Gun shots were fired at the deceased who received bleeding injuries and fell down on the ground. The deceased was first taken to Atharabanki Hospital from the spot for treatment but on the advice of the doctors, he was shifted to Ashwini Hospital, Cuttack where he was declared dead. The dead body was then taken to S.C.B. Medical College and Hospital, Cuttack. During course of investigation, inquest was held over the body of the deceased Mahendra Swain and it was sent for autopsy to Department of F.M.T., S.C.B. Medical College and Hospital, Cuttack and the doctors conducting autopsy found bullet injuries and opined that the death was due to shock and hemorrhage as a result of the injuries to the neck which were antemortem in nature and sufficient to cause death in ordinary course of nature. During course of investigation, it came to light that due to business rivalry, accused Mahimananda Mishra, owner/CMD of OSL made conspiracy with co-accused persons named in the charge sheet and committed murder of the deceased. Ten accused persons were arrested in connection with the case and forwarded to Court. Scientific officials visited the spot on police requisition so also the bomb disposal squad. Pistols and ammunitions etc. were seized which were sent to S.F.S.L., Rasulgarh for examination. A letter written by the deceased addressing to I.I.C., Paradeep police station was found in his table drawer mentioning about life threat from accused Mahimananda Mishra and B.K. Bala. Some letters issued from M/s. Seaways addressed to S.P., Jagatsinghpur as well as I.I.C., Paradeep police station were also seized. Analysis of call detailed records (CDR) and software- defined radio system (SDR) of the cell phones of the accused persons transpired that there was very close interlink between the accused persons who made conspiracy between them. Keeping the investigation open, as some co-accused persons could not be arrested, after obtaining order from S.P., Jagatsinghpur, first charge sheet was submitted on 12.03.2017 under sections 302 / 120-B of the Indian Penal Code and sections 25 (1-B)/27 of the Arms Act and sections 3 and 4 of the Explosives Substances Act against ten accused persons. Second charge sheet was submitted against seventeen accused persons including the petitioners on 14.07.2017 again keeping the investigation open. Final charge sheet was submitted on 31.10.2017 against seventeen accused persons including the petitioners under sections 302 / 120-B of the Indian Penal Code and sections 25 (1-B)/27 of the Arms Act and sections 3 and 4 of the Explosives Substances Act showing some of them as absconders.