New Delhi: The Supreme Court has set aside the Orissa High Court’s order granting bail to Mahimananda Mishra who allegedly killed the branch manager of Seaways Shipping and Logistics Limited due to business rivalry.
A two-judge bench comprising Justice L Nageswara Rao and Justice Mohan M Shantanagoudar Tuesday allowed the application of the state government opposing the bail granted to Mishra, and directed the government to take him into custody.
Delivering the judgement the bench observed, “Since the respondent is an influential person in his locality with both money and muscle power there is a reasonable apprehension that he might tamper with or otherwise sabotage the investigation which is still going on, and might intimidate witnesses before or during the trial.”
“The High Court, in observing that there was no possibility of the respondent absconding as he is a local businessman, not only completely overlooked his past attempts to evade the law, but also overlooked the implications of the clout enjoyed by him in society,” the SC bench observed.
The bench apparently said the High Court has not exercised discretion judiciously and in accordance with the basic principles governing bail.
“Considering the totality of facts and the circumstances of the case and for reasons mentioned above, the judgement of the High Court granting bail to the respondent is set aside. The respondent, Mahimananda Mishra, should be taken into custody,” the bench observed.
Mahimananda Mishra had allegedly hired contract killers to murder the branch manager of Seaways Shipping and Logistics Limited, Mahendra Swain.
According to the police, two killers had hurled explosives at the vehicle of Swain on the morning of October 26, 2016, and when the passengers of the vehicle tried to escape the assailants opened fire killing them. The incident was mainly due to the business rivalry between the company of the deceased and Orissa Stevedores Limited, the company of Mishra.
Mishra fled the country after the murder of Swain and after a lookout circular was issued he was traced to Thailand and was deported to India. He was arrested after arrival in India.
The High Court granted bail to Mishra May 16, 2017, but he was released from jail only in May 2018 as he was in custody in two other cases too.
