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J U D G M E N T CRIMINAL APPEAL NO 251 OF 2008 (Arising out of SLP (Criminal) No.6875 of 2007) WITH CRIMINAL APPEAL NO 252 OF 2008 (Arising out of SLP (Criminal) No.5941 of 2007) Sankar Adeya . Appellant Versus State of Orissa . Respondent V.S. SIRPURKAR, J.

1. Leave granted.

2. Being aggrieved by the refusal of bail by the High Court both the accused persons have come up before us by filing separate appeals.

3. The accused before us along with six other accused persons are facing the prosecution for the offences of criminal conspiracy under Section 120B IPC, murder under Section 302/34 IPC as also the offences under Section 25 and 27 of the Indian Arms Act. The case of the prosecution appears to be that the 8 accused persons conspired and in pursuance of that conspiracy one Tapas Mitra was murdered on the Puri Sea Beach. Immediate report with regard to the murder was lodged at the Puri Sea Beach Police Station by one Prashanta Bala to the effect that the informant along with some others, all of whom were the members of Baragaon Motor Association, about 250 members, had come to Puri and stayed in the hotels and deceased Tapas Mitra who was a Councilor of Baragaon Municipality was one of them. It was alleged that he was a member of the Trade Union and was an invited guest and was staying at Hotel Mayur and on 22.6.2006 at about 9.20 p.m. when the informant along with deceased Pallav Das, Tapas Ghosh and Swapan Seth were sitting on the sea beach in front of Hotel R.L., a man suddenly came on the spot and fired at Tapas Mitra, as a result of which Tapas Mitra sustained bleeding injuries. It was further averred that the persons present there tried to catch the assailant but he was able to escape. It was expressed specifically in the FIR that it was due to the political rivalry and previous enmity that Tapas Mitra was murdered. On the basis of the investigation some persons were arrested and a charge-sheet came to be filed against eight accused persons. However, after further investigation as per Section 173(8) Cr.P.C., the SDJM, Puri by his orders dated 2.1.2007 took cognizance of the offences under Section 302/34 IPC as also under Sections 25/27 of the Arms Act against the accused persons and as such they were arrested on 30th March, 2007 by Banagaon Police Station on the requisition of Puri Sea Beach Police Station.

4. To begin with, the appellants were released by Calcutta High Court on interim bail by order dated 5.4.2007 on certain conditions and they were further directed to surrender before the appropriate court, i.e., SDJM, Puri within two weeks from the date of their release. The appellants accordingly surrendered on 20.4.2007 and prayed for the bail. However, that prayer was rejected. The appellants, therefore, moved the Sessions Judge, Puri. Even the Sessions Judge dismissed their bail applications. They thereafter moved the High Court of Orissa. However, even the High Court seems to have dismissed their bail applications. The appellants have now come up before us.

8. Shri Janaranjan Das, learned counsel appearing for the prosecution pointed out that the prosecution has the material to show that as many as six accused persons, namely, Satyajit Lohar, Tarun Kumar Bhowmik @ Raja, Samir Durlav, Bapi Roy, Rajen Biswas and Samir Das had boarded a vehicle Tata Sumo from Chakdaha in the evening of 18.6.2006 and came to the Siromani Mondal at Gaganpur where they halted and next morning all these six persons along with three others, namely, Buro @ Akas, Kalo, etc. left for Puri and arrived there on 19.6.2006 and stayed in Hotel Kingfisher. Next day they were joined by Kaka and Munna who had arrived by Puri Express. All these persons, helped by two other persons to identify Tapash Mitra @ Tofan Mitra, firstly attempted to murder him in the afternoon but failed. However, in the evening on information that Tapas Mitra had gone to Puri Sea Beach, the accused persons located Tapas Mitra who was sitting there. Accused Raju, Bapi Roy and Akas @ Buro went and sat behind Tapas Mitra and one of them fired at Tapas Mitra, resulting in his death. The accused thereafter fled from the scene of occurrence. It was then contended that Bapi Roy had confessed about the conspiracy. It has also come out that both the appellants were friends and they had common grudge against Tapas Mitra.