Orissa High Court Denies Bail To MLA Prasant Jagdev Accused Of Driving Car Over A Crowd During Panchayat Elections

The Orissa High Court has denied bail to Chillika MLA Prasant Jagdev, who is accused of driving a four-wheeler over a crowd during the last Panchayat elections in Odisha. While dismissing the bail petition, a Single Judge Bench of Justice Satrughana Pujahari observed, "As it reveals, while giving threat to run the vehicle over the protesters, he drove the vehicle into the crowd that too using the registration number of a different vehicle. Such indulgence and overt act can never be treated as becoming of a public representative. That apart, the series of criminal cases attached to his antecedent speak against his credibility to abide by condition, if any, imposed in case of his bail, more so when he has also not abided by the conditions not to indulge in any criminal activities while allowing him to be released on bail in connection with Balugaon P.S. Case No. 156 of 2021 thereafter, but still involved in two such criminal cases during the Panchayat election including the present one." Factual Background: In the last election held to elect representatives for Panchayat Raj System in the State of Odisha, "12.03.2022" was fixed for the date of election of the Chairman of Banapur Block in the district of Khurda. On that date, the elected Panchayat Samiti members of BJP party along with their supporters of more than 500 people had proceeded on procession to the Block Office to participate in the election of the Chairman of Banapur Block, and while the people in procession remained near the Block Office premises, the Panchayat Samiti members who were the electros, entered into the premises of Block Office to participate in the election. Then a noise errupted, for which the police personnel including the Informant-Sub-Inspector present in the vicinity rushed to the spot, and found the BJP supporters to have stopped one white colour Discovery car with the petitioner himself driving, from proceeding into the crowd. The police personnel intervened and while trying to disperse the mob, they also tried to refrain the petitioner from proceeding ahead as he was not permitted to enter into the Block Office on that day. It is further alleged that the petitioner without paying any heed to the advice and caution of police, and while giving a threat to run his vehicle over the crowd if he was not allowed to enter the Block Office premises, drove the aforesaid vehicle into the crowd with intent to kill the members of public and police personnel present there. As a result of his ramming ahead, many police personnel as well as many members of general public received serious and grievous injuries leading to grave commotion and a stampede like situation. Pursuant to the report of the Informant-Police officer, the case against the petitioner was registered and investigation is reportedly ongoing. During the course of investigation, it also came to the light that the aforesaid number plate of the car was found to be fake one, inasmuch as the said registration number belongs to another vehicle of Hyundai company. The petitioner stated to have also been assaulted by the mob, for which counter case at the instance of the present petitioner was registered against some persons there in the mob. Upon being arrested by police and forwarded before the J.M.F.C., Banapur, the petitioner applied for bail, and his bail plea was rejected by the said J.M.F.C. and also by the Asst. Sessions Judge, Banapur. Hence, he approached before the High Court. Pursuant to the prayer of the petitioner for interim bail on the ground of his Cardiac problem requiring urgent medical attention, the High Court by order dated 22.04.2022 granted him interim bail, and the same was extended till disposal of this application. In course of considering the request of the petitioner to extension of interim bail, the Court by order dated 04.05.2022 directed for examination of the petitioner by a Medical Board, and the District Medical Board had furnished the report dated 08.05.2022, which substantiated that the petitioner needs medical intervention. Contentions of the Petitioner: Mr. Y. Das, Senior Advocate appearing for the petitioner submitted, inter-alia, that although the accusation under Section 307 of IPC as brought against the petitioner is serious in nature, but from the materials on record no such case is made out, inasmuch as almost all the injuries allegedly sustained by the so-called victims are simple in nature which could not be said to have been caused by the petitioner running the vehicle over them. He further contended that since the petitioner started his political career from grass root level such as from the post of Sarpanch and now he is continuing his stint as the MLA for the second time, his presence at the spot at the relevant time cannot be said to have been uncalled for or unwarranted, especially when he had his own candidate as well in the...

Orissa High Court Denies Bail To MLA Prasant Jagdev Accused Of Driving Car Over A Crowd During Panchayat Elections

Jyoti Prakash Dutta

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