A special case appeal filed by an appellant challenging an order denying bail under Sections 14(A) of the SC & ST (PA) Act read with Section 439 CrPC. The High Court allowed the appeal, set aside the impugned order, and granted bail with conditions.
Bail granted on a bond of Rs.30,000 with two solvent sureties; impugned order set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.573 of 2021
Basu Dundi alias Basudev
…. Appellant
Mr.Umakanta Barik , Advocate
-versus-
State of Odisha & another
…. Respondents Mr. P.C.Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
Order No.
ORDER 29.03.2022
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village they were kept in the house of Labour Leader-accused Parbesh @ Parame Dundi of village Kotamal. As per the oral agreement, the above named labour leader had assured to pay Rs.14,000/- per head as advance payment before proceeding to Hyderabad. However, he had paid only Rs.4,000/- to Rs.5,000/- to each one of them and they were told that the rest amount shall be paid before leaving for Hyderabad. However, the same was not complied with by the Labour Leader. The labourers including the victims were first taken to Raipur and from there, they were taken to Hyderabad by train. Upon repeated insistence, accused Parbesh did not pay the balance amount to the labourers, rather he threatened them to take away their lives. Thereafter the labourers started absconding one by one from the train. In the meanwhile accused Parbesh informed some of his friends including the present Appellant to catch hold of these labourers who have absconded. All the labourers absconded except the two victims named herein above. Both the victims Dialu Nial and Nilamber Dhangadamajhi were brought back to the house of Parbesh in village Kotamal. Thereafter they were taken to the field of accused Parbesh and were engaged in collecting cotton in the cotton field.
On 15.12.2013 in the night, accused Parbesh and other accused persons took the victims to Pati Dangar by the side of SindhekelaTitlagarh road near village Deheli by a Marshal vehicle. Accused Baijyanath Rauti and Bana Majhi chopped the right palm of the victims by means of a tangia (axe). But the victims somehow managed to escape and went to Bhawanipatna and were admitted at District H.Qrs Hospital, Bhawanipatna. Thereafter this F.I.R. has been lodged.
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was arrested by the Police. The present trial out of which this bail application arises is a split up trial. In the original trial the principal accused persons have been convicted and sentenced to undergo life imprisonment.
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informant urges before this Court to grant compensation to the victim in this case.
( A.K. Mohapatra ) Judge
RKS
2 issues framed by the court
Whether the appellant should be granted bail in a special case conviction arising from scheduled caste and scheduled tribes prevention of atrocities act.
Whether the impugned order denying bail should be set aside.
2 provisions across 2 enactments
Basu Dundi alias Basudev
State of Odisha
A.K. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
