SC dismisses review bail petition of Odisha businessman

The Supreme Court on Saturday dismissed the review petition of Odisha's businessman, Mahimananda Mishra seeking modification of the apex court's previous order wherein it refused bail to him in a murder case.

Mahimananda, who is believed to be the second largest billionaire businessman of Odisha was named as an accused in the murder of a shipping company executive, Mahendra Swain in 2016.

"We have carefully gone through the review petition and the connected papers filed therewith. We do not find any ground, whatsoever, to entertain the same. The review petition is, accordingly, dismissed," a division bench of the apex court, headed by Justice L. Nageswara Rao and also comprising Justice Mohan M Shantanagoudar, said, in their order.

On September 23, the top court had dismissed Mahinananda's bail application on the grounds that he might tamper with evidence if he is granted a bail.

Challenging this order, Mahimananda had filed a review petition before the apex court seeking a modification of the same.

Earlier today, Vipin Nair, Advocate on Record (AoR) appearing along with lawyer PB Suresh for Swain, had strongly opposed the bail of Mahimananda on the ground that if the accused would be given bail, he might tamper with evidence and influence the witnesses in the case.

According to the prosecution, there was a business rivalry between Mahimananda and Swain. The prosecution claimed that the murder was committed at the behest of certain people including Mahimananda, who had also threatened to kill Swain.

Ranjeet Kumar, senior Supreme Court lawyer and former Solicitor General, appearing for Mahimananda, argued that he was released on bail in May this year by the Odisha High Court and no further allegations were levelled by the police against him.

"There are no allegations against him of trying to tamper with the evidence or intimidating the witnesses after being granted bail by the Odisha High Court," Kumar said.

He further submitted that there are no allegations of fleeing or absconding against Mahimananda and merely on the apprehension of the police, without any prima facie proof, the liberty of the Mahimananda cannot be curtailed.

Mahimananda's lawyer also argued that any additional condition may be imposed on his client by this court, if necessary as part of the bail.