Srinibas Bhoi Vs State of Odisha

These appeals are under section 14-A (2) of S.C. & S.T. (PoA) Act, 1989 in connection with C.T. Special Case No. 110 of 2023 arising out of Bargarh Rural P.S. Case No.211 of 2023 pending in the Court of learned Sessions Judge -cum- Special Judge, Bargarh for offences punishable under sections 147, 148, 325, 326, 307,335,302,149 of the Indian Penal Code read with sections 3(1)(r), (3(1)(s), 2(va) of the S.C. & S.T. (PoA) Act.

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The appellants moved applications for bail before the Court of learned Special Judge, Anandapur, which were rejected on 18.01.2024.

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Learned counsel for the appellants submitted that the appellant Srinibas Bhoi in CRLA No. 151 of 2024 is in judicial custody since 08.12.2023 and appellants Sudam Gartia, Magsira Sahu and Trilochan Banchhor in CRLA No. 152 of 2024 are in judicial custody since 25.11.2023 and they have been charge sheeted under sections 147/148/149/325/326/ 307/335/302 of the Indian Penal Code and read with sections 3(1)(r) and 3(2)(va) of the S.C. & S.T. (PoA) Act. It is further submitted that as per

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the charge-sheet, series of theft and robbery in the vicinity of villages of Sahutikira and Dhanger were committed and in most of the cases, the villagers have not reported the fact before the police. However, the villagers became panic and got united to take action against the culprits, who were involved in such activities to protect their properties and by not allowing the outsiders to their villages during the odd hours. Learned counsel further submitted that on 21.12.2023 in the evening hours, the deceased persons, namely, Bijay Bag and Biki @ Biku Jal along with Rohit Kumbhar and Suraj Kurmi were going to village Sahutikira in a motor cycle and were trying to snatch away a mobile from an unknown persons, but they could not succeed in their mission and such news was spread amongst the villagers and the villagers of Sahutikira and Dhanger chased the persons who were trying to snatch away the mobile phone and restrained them suspecting as antisocial/criminals and thereafter, both the deceased were caught hold of and they were assaulted. Learned counsel for the appellants submitted that both the deceased died due to the assault by the mob and no specific overt act has been attributed against the present appellants and therefore, the bail applications may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that not only it

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is a case of double murder, but the deceased Bijay Bag sustained multiple injuries including head injuries, which has resulted in his death and similarly, the deceased Biku Jal sustained twenty three injuries and the cause of death was on account of the injuries to the brain and the injured Suraj Karmi has stated how the occurrence took place and who were the participants in the assault of both the deceased and the names of these four appellants in both the appeals find place in his statement and they have assaulted the deceased persons by lathis, kicks and fist blows. Learned counsel for the State also placed the post mortem findings.

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Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusations, the surrounding circumstances under which the offences stated to have been committed and the post mortem report findings, at this stage, while not inclining to release the appellants on bail, liberty is granted to the appellants to renew their prayer for bail after examination of the injured/eye witnesses in the learned trial Court. Since charge sheet has already been submitted, learned trial Court shall do well to expedite the framing of charge, if there is no other impediment and at the first instance take steps for examination of the injured/eye witnesses.

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CRLAs are accordingly disposed of.

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Issue urgent certified copy of this order on proper application.

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Let a copy of the order be communicated to the learned trial Court for compliance.

( S.K. Sahoo)

Judge

PKSahoo

Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 09-Apr-2024 17:14:28

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Srinibas Bhoi v. State of Odisha

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Srinibas Bhoi v. State of Odisha

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