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2012 Supreme(Ori) 55

2012 (I) OLR - 482
HIGH COURT OF ORISSA
C.R. DASH, J.
M. Lokanath Patro – Petitioner.
Versus
State of Odisha - Opp. Party
CRLMC No.78 of 2012
Decided on : 7th February, 2012.

Advocates appeared:
For Petitioner: Debasis Tripathy
For Opp. Party : Karunakar Nayak, A.S.C.

Headnote:CRIMINAL PROCEDURE CODE, 1973 - Sec. 438 - Offence punishable under Secs. 294, 323, 325, 307, 506 IPC - Anticipatory bail granted was effective till the date of filing of final form After filing of charge sheet, process issued - Apprehension of arrest - Held, regard being had to the law settled in Siddharams case [2011 (I) OLR (SC) 405] no justification for apprehension in the minds of the petitioner - Directions issued.

ORDER

07.02.2012 - Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

Petitioner is accused of offence punishable under Sections 294/ 323/325/307/506, I.P.C. During investigation, the petitioner moved for anticipatory bail under Section 438, Cr.P.C., vide BLAPL No.1580 of 2010, and vide order dated 02.03.2010 passed by this Court he was granted anticipatory bail.

After filing of charge-sheet, learned S.D.J.M., Nabarangpur in G.R. Case No.61 of 2010 has taken cognizance under the aforesaid Sections of the I.P.C. and process vide order dated 22.07.2011 has been issued against the petitioner for his appearance.

Now the petitioner is apprehensive of his arrest on his appearance before learned S.D.J.M., Nabarangpur in obedience to the process issued to him, as he was released on bail to the satisfaction of the Arresting Officer and the order of bail was effective till the date of filing of final Form. For such apprehension he has moved this Court under Section 482, Cr.P.C for redressal.

Regard being had to the law settled by Hon'ble the Supreme Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and others*, (2011) 48 OCR (SC) 1, and the decision of this Court in the case of Ram Khilawan Sethi and others v. State of Orissa, (2012) 51 OCR-1, I do not find any justification for apprehension in the minds of the petitioner. Therefore, the petitioner is directed to appear before learned S.D.J.M., Nabarangpur in the aforesaid G.R. Case on or before 25.02.2012, and on his appearance and motion for bail, learned Magistrate shall do well to consider and dispose of that bail application on the very same day in the light of the law settled by Hon'ble the Supreme Court and the Orissa High Court supra.

With the aforesaid observation, the CRLMC is disposed of.

CRLMC disposed of.

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