Cuttack, Nov. 28: Most wanted Odisha-based Maoist leader Sabyasachi Panda’s wife Subhashree Das alias Mili Panda has turned to Orissa High Court here for regular bail.
The bail application stated that she “is deprived of taking care of her nine-year-old daughter and maintaining her livelihood” as she had been in jail custody since her arrest on the night of January 15, 2010.
Subhashree, suspected to have been coordinating Maoist activities not only in Odisha, but also in the neighbouring states, was arrested from a rented house on the outskirts of Bhubaneswar. Cases were registered under the Unlawful Activities (Prevention) Act, accusing her of being a member of terrorist organisation indulging in conspiracy, terror activities and amassing of funds for terror activities.
The case was registered and taken cognisance of by the court of the judicial magistrate (first class), Banpur. After it was quashed by the high court on October 19, the court of additional adhoc sessions judge-cum-fast track court, Khurda, discharged her.
“But, she was not released as she was falsely implicated in another case which was registered seven years ago,” the bail petition contends. Subhashree was alleged to be involved in the exchange of fire that took place between police and Maoists in January 2003 near Kutinguda under Gudari block in Rayagada district.
The bail petition claimed that her name was not in the FIR, but she was “falsely implicated by virtue of a supplementary chargesheet based upon some statement recorded on February 21, 2010”.
Dhanurdhar Das, her father, has filed the petition on Subhashree’s behalf following rejection of her bail application on November 11 by the fast track court of additional district and sessions judge, Gunupur. The petition has not been taken up for hearing by the high court so far.
In a related development, the high court has rejected Das’s petition challenging her arrest on the night of January 15, 2010. The two-judge bench of Justice L. Mohapatra and Justice B.K. Patel dismissed it on November 24 saying: “The petition is devoid of merit.”
“Having held that the petitioner was arrested at 3am on January 15 in Bhubaneswar and produced before the judicial magistrate (first class), Banpur, at 7pm the next day, we find no reason to hold such arrest and detention as illegal and grant relief claimed by her,” the bench ruled.
The court further rejected the contention related to violation of 24-hour time for production before a court after arrest, taking into account the time taken to travel from Bhubaneswar to Banpur.
Das alleged that provisions of the Criminal Procedure Code and SC guidelines were given a go by as she was arrested after sunset in the absence of a magistrate and her nine-year-old daughter was left behind helpless.
Subhashree, who was in Jharpada jail, had been shifted to Rayagada jail and then to Gunupur jail.