PRAMOD KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE offence which the Petitioner is involved is one under Section 302 , Indian Penal Code. The prosecution allegation is that on 10.7.1995 while Birendra Kumar Das (hereinafter referred to as 'the deceased') was moving in a local train, the Petitioner and Ors. being variously armed, rushed inside the compartment, brought out the deceased, brutally assaulted him causing multiple injuries and threw him near a bush. The deceased was then brought to the nearby Public Health Centre for treatment. The attending physician sent a casualty memo to Delanga Police Station. Ultimately the deceased succumbed to the injuries, whereupon a written report was lodged on 15.7.1995 at Delang Police Station. For two years the police kept the F.I.R. in cold storage and did not take any action in accordance with law. Ultimately the State Crime Branch took "Up the investigation, in course of which the Petitioner and Ors. 'involved in the incident were apprehended.

(2.) SHRI Rath, learned Counsel for: Petitioner, submits that the Petitioner's nick name is Dhoba and is a resident of village Muliapada, whereas one Dhoba of village Jagadalpur has been arraigned as the accused in the F.I.R. Therefore, the Petitioner being no way involved in the alleged assault to the deceased, his prayer for bail should be allowed. Shri Rath has further contended that 'investigation having commenced after two years of the incident, serious doubt arises about the fairness of the investigation.

(3.) THIS case is a glaring example how the persons involved in heinous crime were allowed by the police to move freely and fearlessly as if they are above law. It appears, instead of acting as savior , the police shamelessly extended his helping hand to the offenders. Would it not create an impression in the mind of the citizens that investigative machinery, one of the institutions of criminal justice system gives shelter and renders protection to the wealthy and influential persons involved in serious offences? This is certainly not a good sign for an orderly society.