MANOJ KUMAR MISHRA Vs. INDRAMANI PANIGRAHI

JUDGEMENT

(1.) These four cases under S.439(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') have been filed by Manoj Kumar Mishra, the informant in Komna Police Station Case No. 2 dated 25-1-1997 corresponding to G.R.Case No. 22 of 1997 on the file of the S.D.J.M., Nawapara under Ss. 147, 148, 323, 324, 325, 307 and 302 read with S.148, I.P.C., praying for cancellation of bail granted to eight opposite parties in Cri. Misc. Case No. 364/98, one opposite party in Cri. Misc. Case No. 4030/97, three opposite parties in Cri. Misc. Case No. 4077/97 and thirteen opposite parties in Cri. Misc. Case No. 4078/97, alleging that the said opposite parties were illegally granted bail by the Sessions Judge, Kalahandi-Nawapara and that the opposite parties are misutilising the liberty granted to them by terrorising the witnesses in the case.

(2.) All the four cases have been heard together and are disposed of by this common judgment.

(3.) According to the petitioner, on 25-1-97 at about 4 a.m. while the petitioner and deceased Byasadev Pradhan along with some others were preparing for their journey to Nrusinghanath for picnic, all the aforesaid opposite parties and their companions came in a jeep being armed with deadly weapons like Thonga, Lathi and Pharsa and attacked the informant's party causing severe injuries to the informant and deceased Byasadev Pradhan and the latter succumbed to the injuries in Buria Medical College Hospital on 28-1-97. The informant lodged FIR at the Komna Police Station and after completion of investigation the I.O.submitted chargesheet against thirty accused persons including the present opposite parties who have been committed to the Court of Session in S.C.No. 62 of 1997.