CUTTACK: The Orissa High Court on Thursday rejected the anticipatory bail application of BJD MLA Muktikanta Mandal, an accused in a murder case. Terming the application as not maintainable, the court directed the MLA to surrender before a lower court.
A legislator from Dhamnagar Assembly constituency of Bhadrak district, Mandal, a co-accused in Niranjan Jena murder case of 2002, had moved High Court seeking anticipatory bail to evade arrest.
However, the single judge bench of the court comprising Justice SK Mishra asked the petitioner to surrender before the lower court and seek bail which will be considered by maintaining parity with the other accused persons.
Sources said Jena was allegedly beaten to death by a group of 20 to 25 men on November 3, 2002. The deceased, said to be a close aide of Mandal, was abducted from Anantapur under Soro police limits in Balasore district. He was taken to Balinagar in Basudevpur where he was beaten to death.
Jena had allegedly named Mandal, who was the then block chairman of Basudevpur, and five others in his dying statement before succumbing to his injuries while undergoing treatment.
However, police did not show the MLA as an accused in the chargesheet. The District and Sessions Judge Court had rejected the prayer of Niranjan’s uncle Dushashan Jena who had appealed to record the statement of some other accused persons, during trial in July 2007.
Dushashan had then moved the High Court challenging the lower court verdict. Consequently, the High Court directed police to make Mandal a co-accused in the murder case and ordered a fresh investigation.