SHESH NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel appearing for the appellant and Mr. Amit Kumar Das, learned Special P.P. appearing for the NIA.

(2.) This appeal is directed against the order dtd. 16/1/2024 passed in Special (NIA) Case No. 1 of 2017 corresponding to R.C. Case No. 11/2017/NIA/DLI arising out of Bundu P. S. Case No. 65 of 2008 by the learned A.J.C. XVI cum Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail of the appellant has been rejected.

(3.) The prosecution case in brief is that on 9/7/2008 at about 12:00 hours on being asked by Ramesh Singh Munda, the driver of Ramesh Singh Munda and his bodyguard and house-guard had left in a Tavera car from his residence and reached S. S. High School, Bundu at around 12:15 hours. It has been stated that Ramesh Singh Munda who was the sitting MLA had distributed the prizes to the students as well as the teachers and as soon as he was to conclude his speech at around 13:45 hours, the informant had seen three naxalites carrying weapons in their hands standing 10 feet away on the right side of the car. It has been alleged that one of the Naxalites came from the front side of the car and two from the back side and moved towards the bodyguard of Ramesh Singh Munda and thereafter they started firing towards the bodyguard Shivnath Minz and house-guard Khurshid Alam. The informant remained in the Tavera car and tried to hide himself. The assailants remained there for 3 to 5 minutes and they continued firing and left the scene shouting slogans in favour of the terrorist organization. The informant had thereafter alighted from the Tavera car and saw Shivnath Minz, Khursid Alam and a boy having been shot lying on the floor motionless. The informant had further seen Ramesh Singh Munda lying inside the hall with multiple gun shot injuries. The weapons of the bodyguard Shivnath Minz and house-guard - Khurshid Alam were also missing. The appellants arrived and all the four persons were taken to RIMS, Ranchi where the doctors declared them brought dead. Based on the aforesaid allegations, Bundu P. S. Case No. 65 of 2008 was instituted for the offences punishable under Ss. 302/379/120/34 I.P.C., 27 of the Arms Act and Sec. 17 of the Criminal Law Amendment Act. Charge-sheet was submitted against some of the accused persons while investigation continued against Kundan Pahan and unknown others. Subsequently, charge-sheets were filed against several accused persons including Kundan Pahan. Ss. 18, 20 and 38 of the Unlawful Activities (Prevention) Act, 1967 were subsequently added by the Criminal Investigation Department, Jharkhand, Ranchi.