TMI Blog2018 (9) TMI 2023X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Evidence Act. Since the investigation is yet to complete and trial is yet to begin, it would not be proper for us to dwell upon the subject matter in detail at this stage, lest it may prejudice the case of either of the parties during trial. However, prima facie, it is brought on record by the State that there was severe animosity between the deceased and the Respondent, as is evidenced by the fact that at one point an intervention by the district administration was necessitated to keep the peace. The statement of the family members of the deceased discloses that the Respondent had given death threats to the deceased - A recovery of weapon has been made pursuant to the statement made by the co-accused. The Respondent has serious 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 26.10.2016 at about 09:00 a.m. while the deceased Mahendra Swain was heading to his office in his vehicle accompanied by the driver and his security guard, two unknown assailants hurled bombs on the vehicle, and when the inmates of the vehicle tried to escape, they opened indiscriminate firing on the deceased, leading to his death. According to the first information, the murder was committed at the behest of certain people including the Respondent herein namely Mahimananda Mishra. The incident was mainly on account of business rivalry between the company of the deceased and the company of the Respondent. The deceased was the Branch Manager of Seaways Shipping and Logistics Limited, Paradeep Branch. The Respondent-Accused is having a company, by name, Orissa Stevedores Limited. It has been alleged that the Respondent had given death threats to the deceased directly and through the brother of the deceased. 4. During the course of investigation, the police found that the Respondent went away to Thailand travelling via Chennai, Delhi and Nepal, before he could be arrested. Only after a Look Out Circular was issued, he was traced to Thailand and was deported therefrom to India, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Merely on apprehension of the police, without any prima facie proof, the liberty of the Respondent cannot be curtailed. He further submitted that any additional condition may be imposed on the Respondent by this Court. 8. It is brought to the notice 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 part of the Respondent to conspire towards the commission of murder in question, and that the confessions of the co-accused cannot be made used of against the Respondent at this stage, inasmuch as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration the overall material while considering the prayer for bail. 12. Though this Court may not ordinarily interfere with the orders of the High Court granting or rejecting bail to the Accused, it is open for this Court to set aside the order of the High Court, where it is apparent that the High Court has not exercised its discretion judiciously and in accordance with the basic principles governing the grant of bail. (See the judgment of this Court in the case of Neeru Yadav v. State of Uttar Pradesh, (2014) 16 SCC 508 and Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496). It is by now well settled that at the time of considering an application for bail, the Court must take into account certain factors such as the existence of a prima facie case against the Accused, the gravity of the allegations, position and status of the Accused, the likelihood of the Accused fleeing from justice and repeating the offence, the possibility of tampering with the witnesses and obstructing the Courts as well as the criminal antecedents of the Accused. It is also well settled that the Court must not go into deep into merits of the matter while considering an application for bail. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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