MD MUZAFAR HOSSAIN KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Apprehending arrest on an accusation of having compounded an offence under S.307, I.P.C., petitioner has filed this application for anticipatory bail under S.438, Cr. P.C.

(2.) Petitioner is a member of the political party which is popularly known as 'Congress-I'. For two terms he has been elected as a member of the State Legislative Assembly from one of the Assembly Constituencies of Bolangir District and is now a Minister of State in the Ministry formed by the leader of Congress-I Legislative Party. During the election to the 9th Loksabha for which in Parliamentary Constituency of Bolangir polling was held on 22-11-1989 from 7 a.m. to 4 p.m. near about 1 p.m., petitioner reached Durgapali village at a distance of 16 kilo metres from Bolangir Town, the district Headquarters in a car accompanied by his official gunman armed with a pistol and ammunition. Some of his party followers also moved with him in another vehicle, a jeep. After petitioner arrived, there was some disturbance for which there was firing from pistol injuring some persons. There are two versions of the incident as revealed from the information lodged by the gunman at Sadar Police Station at 3 p.m. and Sadananda Patel at 9 p.m. while the gunman reported that he had to open fire to give protection to the Minister from the unruly mob consisting of about 150 persons, Sadananda reported that petitioner opened fire attacking the persons present to give vote in the polling station as a result of which some persons were injured. Information of Sadananda accusing the petitioner of having committed an offence under S.307, I.P.C., attempting to commit murder is the cause of the petitioner believing that he may be arrested.

(3.) Petitioner filed the application for anticipatory bail in this Court on 2-12-1989 and on a motion being made before Honorable Acting Chief Justice, the matter was moved before me when hearing learned counsel for the petitioner in presence of the learned Additional Standing Counsel, I directed the matter to be placed for hearing on 5-12-1989 where Additional Standing Counsel would collect records and place for consideration. I directed that the petitioner shall not be arrested till 6-12-1989 which date was extended till today. On 5-12-1989, learned Government Advocate appeared with learned Additional Standing Counsel and informed that he is in possession of all papers. Many Advocates appeared for interveners. I have heard learned counsel for the petitioner, interveners and learned Government Advocate on 5-12-1989, 6-12-1989 and today before delivery of this order.