High Court of Orissa denies bail to accused involved in spurious liquor sale resulting in deaths; Village Headman Balaram Bisoyi granted bail due to lack of direct evidence.
In a significant ruling, the Orissa High Court, presided by Justice G. Satapathy, has denied bail to multiple petitioners involved in the sale and supply of spurious liquor, which resulted in the tragic deaths of five individuals and the illness of several others in Ganjam district. However, the court granted bail to Balaram Bisoyi, a village headman, citing a lack of direct evidence and absence of criminal antecedents.
The bail applications were filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners were accused in K. Nuagaon PS Case No.252 of 2024, with the case involving offenses under various sections of the Bharatiya Nagarik Suraksha Sanhita and the Odisha Excise Act, 2008. The case stems from an incident in which villagers from Jenapur, Maundapur, and Karabalua consumed spurious liquor, leading to multiple hospitalizations and five fatalities.
The petitioners, represented by a team of advocates, argued that the deaths were not linked to the liquor sold by them, supported by a forensic report from CFSL, Kolkata, which did not find toxic substances in the deceased's viscera. However, the prosecution, led by Additional Public Prosecutor M.R. Patra, presented evidence indicating the presence of toxic compounds in the liquor samples, suggesting that these substances contributed to the victims' deaths.
Justice Satapathy, in his judgment, emphasized the gravity of the accusations and the societal impact of the alleged crime. The court noted that the petitioners, apart from Balaram Bisoyi, had criminal antecedents related to illicit liquor activities, further justifying the denial of bail. On the other hand, Balaram Bisoyi was granted bail due to the absence of direct evidence linking him to the sale of the spurious liquor and his clean criminal record.
The court's decision reflects the broader legal principles outlined by the Supreme Court regarding bail considerations, emphasizing the need for judicial discretion and the evaluation of prima facie evidence without delving deeply into the merits of the case. The judgment serves as a stern reminder of the legal system's role in addressing crimes with severe societal repercussions, particularly those involving public health and safety.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Bail denied to petitioners involved in selling or supplying spurious liquor leading to deaths and illnesses of villagers - Bail granted to petitioner Balaram Bisoyi due to lack of direct material against him for selling liquor and absence of criminal antecedents.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Sections 61(2)/110/274/123/275/103(1)/118/3(5) of BNS, Sections 52(a)/59/62 of the Odisha Excise Act, 2008.
Pabana @ Prabhakar Sahu @ Pabana Sahu v. State of Odisha, (Orissa) : Law Finder Doc Id # 2833776
