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Crime Challenges Goodness

Dreadful crime challenges the belief in fundamental goodness of the society and if there is an understandable motive or response to some form of provocations, one cannot comprehend them as it falls beyond the bounds of moral acceptability.

While rejecting a petition seeking grant of bail in peculiar case, Justice SK Panigrahi of Orissa High Court has made the above observation.

The brief factual matrix of the case is a gruesome crime committed by one youth in anger. The accused Sanjeet Sandha who was before Orissa High Court to appeal for bail, borrowed a bike from his co-villager named Radheshyam Pradhan to bring petrol in a bottle from the nearby petrol pump on 07 November, 2019 forenoon.

As he returned back in afternoon owner of the bike banged him for such irresponsible behavior. This is the reason of anger and without controlling himself Sanjeet attacked the bike owner and injured him.

In the meantime, the nephew of the informant tried to mitigate the dispute. However, without controlling himself, Sanjeet poured petrol on him and snatching a match box from the nearby betel shop tossed the victim.

The entire upper body engulfed in fire and received scathing burn injury in upper body part including head, neck, face and chest etc.

After receipt of the FIR, the Rairakhol Police nabbed the accused and forwarded him to Judicial Custody after lodging a criminal case under different sections of IPC & CrPC.

Accused moved before lower courts for bail which was rejected. Thereafter, he knocked the doors of Orissa High Court.

After hearing from both the sides, perusing the documents and going through Judicial Dictums, Justice Panigrahi rejected the bail petition and clarified that observations of High Court in this case shall not come in the way of a fair trial before appropriate criminal court.

Further he directed the trial court to proceed and decide the matter on its own merits.

While delivering the Judgment Justice Panigrahi observed that the present case appears to be a fit case for an order for compensation to the victim through Odisha State Legal Service Authority under Odisha Victim Compensation Scheme, 2017.

He has directed the Authority to pay appropriate compensation amount to the victim within four weeks and further made clear that in the event the petitioner is convicted, the trial court shall consider further compensation which could be recovered from the offender in addition to the aforesaid amount.

Justice Panigrahi has categorically directed trial court to conclude the matter as expeditiously as possible. 


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