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Manas Ranjan Pani vs State Of Odisha And Another

Orissa High Court · Decided on 25 April 2022 · Citation: (2022) 04 OHC CK 0140

HON’BLE JUDGES
B.P. Routray, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 302 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(r)(s), 3(2)(v), 14A
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 338 Of 2021
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Judgment

8 paragraphs · 359 words

B. P. Routray, J

1.

This order arises out of an application under Section 14(A) of SC and ST (PoA) Act for grant of bail to the Appellant Manas Ranjan Pani in connection with Mahanga P.S. Case No.236 of 2018 corresponding to C.T. Case No.158 of 2018 pending in the court of learned Presiding Officer, Special Court under SC & ST (PoA) Act, Cuttack for alleged commission of offence under Sections 147/148/302/149 of the I.P.C. read with Section 3(1)(r)(s) and 3(2)(v) of SC and ST (PoA) Act.

2.

The submissions made on behalf of the Appellant are that he is languishing inside custody since 19th December, 2018 and despite investigation being completed since long, trial is yet to commence. It is further submitted that no direct overt act has been attributed against the present Appellant by any of the eye-witnesses.

3.

Ms. Mishra, learned ASC submits upon instruction that notice of the bail application could not be served on the informant since he is absconded being involved in another case.

4.

Upon going through the record and the case diary as produced by learned ASC, it reveals that parties are involved in series of disputes due to political rivalry and Mahanga P.S. Case No.235 was lodged from the side of the accused persons. In the meantime the principal accused namely, Prafulla Biswal died and two other co accused persons, namely Malaya and Pramod have been arrested. The Appellant is inside custody since 19th December, 2018 and the trial is yet to commence.

5.

Considering all such factors and the nature of allegations made against the present Appellant, it is directed to release him on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in seisin over the matter including the condition that, the Appellant shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence, and that, he shall not be involved in any other offence while on bail.

6.

The CRLA is accordingly disposed of.

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