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V. NARASINGH
Susanta Kumar Samantaray – Appellant
Versus
State of Odisha (Vig. ) – Respondent
JUDGMENT
V. Narasingh, J.
By filing this Petition under Section 482 of the Cr.P.C., the accused-Petitioners are assailing the order dated 20.03.2023 passed by the learned Special Judge, Vigilance, Bhawanipatna in G.R. Case No.21 of 2021 (V) and also seeking a direction from this Court to give effect to the order passed by this Court dated 24.01.2022 in ABLAPL Nos.16694 and 16666 of 2021.
1. Heard learned Senior Counsel for the Petitioners and learned counsel for the Opposite Party.
2. The brief facts germane for just adjudication is stated hereunder;
'.......that on 15.12.2021, F.I.R. vide, Annexure-1 was registered against the petitioners and three others alleging commission of offences U/S 13(2) r/w 13(1)(c) of the P.C. Act., 1988 and Sections 409/468/471/477-A/120-B of the I.P.C. vide Koraput Vigilance P.S. Case No.27 of 2021 which was registered as G.R. Case No.21 of 2021(v) in the Court of the Special Judge Vigilance, Bhawanipatna. The allegation against the present petitioners is that they being public servants committed criminal conspiracy with some subordinate officials of their department in misappropriating a sum of Rs.23,63,940/- causing wrongful loss to the Government and we
Anticipatory bail granted by a higher court remains in effect until the trial concludes, and lower courts must adhere to such orders to maintain judicial discipline.
Anticipatory bail granted under Section 438 of the Cr.P.C. remains in effect until the conclusion of the trial, and lower courts must adhere to higher court orders to maintain judicial discipline.
Anticipatory bail granted by a higher court remains in effect until the trial concludes, and lower courts must adhere to such orders to maintain judicial discipline.
Section 146 of the APCRDA Act, 2014, bars the prosecution of any officer, authority, or person for any act done or purported to have been done under the Act or in pursuance of the Act, the rules, or ....
Supplementary charge sheets can be filed without prior court permission under Section 173(8) CrPC, reinforcing the court's authority and the need for clean hands in seeking judicial relief.
An accused who is already in custody cannot seek anticipatory bail; they must apply for regular bail under Section 437 of the Cr.P.C.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
The main legal point established in the judgment is that the application for anticipatory bail under Section 438 of the Cr.P.C is not maintainable once the person is already arrested and released on ....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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