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1984 Supreme(Ori) 208

B.K.BEHERA
MOHAN BEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D. Nayak, A. Deo and S.P. Dhal, for the Appellant; A. Rath, Additional Standing Counsel, for the Respondent

JUDGMENT :

B.K. Behera, J. - Accused of an offence punishable u/s 307 react with section 34 of the Indian Penal Code, the petitioners seek an order u/s 438 of the Code of Criminal Procedure (for short, 'the Code') for anticipatory bail. As averred in the application and submitted before this Court, the petitioners had been arrested and released on bail by the investigating police officer in the course of investigation and three other persons accured of the same offence in the same case had been released on bail at that stage u/s 438 of the Code. A charge-sheet has now been placed, cognisance has been taken and it has been submitted on behalf of the petitioners that in pursuance of the warrants of arrest issued against the petitioners, the police agency is searching for them for their arrest and production in the Court of the learned Subdivisional Judicial Magistrate, Nayagarh. One of the petitioners is said to be a Law Graduate who has applied to the State Bar Council for enrolment as an Advocate, as stated in the application. In these circumstances, the learned counsel for the petitioners has submitted that it is a fit case in which an order u/s 438 of the Code should be passed. Th















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