Kawasi Lakhma vs Raju Madkami

Sanjay K. Agrawal, J

This criminal appeal under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the impugned order dated 07/03/2022 by which appellants' application under Section 439 of CrPC has been rejected by learned 2nd Additional Sessions Judge, South Bastar finding no merit.

The case of the prosecution, in brief, is that on 02/03/2019, Police officials went for searching naxalites and when they reached near Village Parcheli, a pressure bomb blasted due to which one constable was injured and thereafter the naxalites who were present there fled away. On the basis of said information, FIR was registered and during the course of investigation, the present appellants along with two other co­accused persons were arrested.

Learned counsel for the appellant would submit that the present appellants have falsely been implicated in the crime in question and learned Session Judge is absolutely unjustified in rejecting their application under Section 439 of CrPC particularly in view of the fact that eight witnesses have been examined and they have been in jail since 20/04/2019 i.e. for more than three years. He would further submit that one co­accused namely Baman Vetti and another co­accused namely Hunga Kawasi have already been granted bail by this Court vide order dated 25/01/2022 in MCRC/8516/2021 and MCRC/8521/2021 respectively, therefore, the impugned order be set aside and the appellants be released on bail.

Per contra, learned counsel for the respondent/State would submit that on memorandum statement of co­accused namely Hunga Kawasi, one tiffin bomb weighing 5 kgs has been recovered from the possession of appellant No. 1 Kawasi Lakhma and one electric detonator as well as 100 gms of explosives have been seized from the possession of appellant No. 2 Raju Madkami, as such, learned Session Judge has rightly rejected appellants' bail application under Section 439 of CrPC and the instant appeal deserves to be dismissed.

We have heard learned counsel for the parties, considered their rival submissions made herein­ above and went through the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, role of the present appellants and particularly taking note of the fact that pursuant to the memorandum statement of co­accused Hunga Kawasi, one tiffin bomb weighing 5 kgs has been recovered from the possession of appellant No. 1 Kawasi Lakhma and one electric detonator as well as 100 gms of explosives have been seized from the possession of appellant No. 2 Raju Madkami and also in view of the fact that the case of the present appellants is distinguishable to that of the co­ accused persons namely Baman Vetti and Hunga Kawasi, we are of the opinion that learned Session Judge is absolutely justified in rejecting appellants' application under Section 439 of CrPC for grant of bail. We do not find any merit in the instant appeal.

Accordingly, this criminal appeal stands dismissed.