TaxTMI 
TaxTMI 
TaxTMI 
2018 (9) TMI 2023
X X X X Extracts X X X X
X X X X Extracts X X X X
....hwaranjan Sahoo, Anmol Tayal and Vinay Ratnakar, Advs. JUDGMENT Mohan M. Shantanagoudar, J. 1. Leave granted in both the special leave petitions. 2. The two instant appeals have been preferred by the State of Orissa and the de-facto informant in FIR No. 180/2016, registered at Paradeep Police Station in Orissa State against the order dated 16.05.2017 of the High Court of Orissa at Cuttack, by which an application for bail filed by the Respondent herein in connection with the aforementioned first information has been allowed. 3. The case of the prosecution in brief, as seen from the first information report and the other connected material, is that on 26.10.2016 at about 09:00 a.m. while the deceased Mahendra Swain was heading to his of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n by the deceased to the Inspector, Paradeep Police Station, stating that he fears for his life and the life of his family, inasmuch as the Respondent may make an attempt to take their life. According to the State, the said letter may be treated as a dying declaration of the deceased. 6. The police have filed a charge sheet against the Respondent and others. However, four Accused are absconding. Further investigation is being proceeded with the permission of the Court. 7. Learned Advocates appearing on behalf of the State as well as the de-facto complainant, while taking us through the material on record, submit that the Respondent is the kingpin of the conspiracy to murder the deceased and the murder has taken place as per his directions....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e of the Court by the learned Advocate for the State that though the impugned judgment of the High Court of Orissa granting the order of bail in favour of the Respondent was passed as far back as 16.05.2017, the Respondent was actually released from custody with effect from May 2018, inasmuch as he was in custody in two other cases till then. 9. The High Court proceeded to grant bail to the Respondent on the ground that there is no prima facie material against the Respondent to establish his involvement in the conspiracy to murder the deceased, that the undated letter of the deceased addressed to the police showing apprehension to his life cannot be treated as a dying declaration; the material on record does not indicate any motive on the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s criminal antecedents, having five criminal cases registered against him, out of which two cases involve charges Under Section 307, Indian Penal Code and three under the Explosive Substances Act. However, during the course of arguments, it was brought to the notice of the Court that in one matter, the Respondent has been acquitted. Since the Respondent is a powerful and influential person in his locality, the investigating officer apprehends that he may influence the witnesses by intimidating them and if the Respondent continues to remain at large, his presence may influence the trial by creating fear in the minds of the witnesses. 11. It is common knowledge that generally direct evidence may not be available to prove conspiracy, inasmuch....
X X X X Extracts X X X X
X X X X Extracts X X X X
....while considering an application for bail. All that needs to be established from the record is the existence of a prima facie case against the Accused. (See the judgment of this Court in the case of Anil Kumar Yadav v. State (NCT) of Delhi, (2018) 12 SCC 129.) 13. Keeping in mind the aforementioned principles, we are of the view that the High Court was not justified in going into the evidence on record in such a depth which amounts to ascertaining the probability of the conviction of the Accused. On the other hand, the High Court has failed to appreciate several crucial factors that indicate that it was highly inappropriate to grant bail in favour of the Respondent. 14. Since the Respondent is an influential person in his locality, in ter....