Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sarat Kumar Sahoo – Appellant
Versus
Enforcement Directorate – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments of the petitioner and respondent. (Para 4 , 5) |
| 3. court’s analysis of legal principles. (Para 7 , 8) |
| 4. distinction between arrest and custodial detention. (Para 9 , 10) |
| 5. final order rejecting anticipatory bail. (Para 11) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. This is an application filed by the petitioner seeking anticipatory bail as per section 438 of Cr.P.C. in connection with Complaint Case (PMLA) No. 60 of 2018 pending in the Court of learned Addl. Sessions Judge (C.B.I.-I)-cum-Special Court under the PMLA Act, Bhubaneswar.
2. It appears from the record that 23 FIRs were registered in various Police Stations under Bhubaneswar- Cuttack Commissionerate against several persons including the petitioner alleging commission of various crimes such as, abduction, murder, criminal conspiracy, crimination intimidation, extortion, tender fixing, possession of illegal arms and ammunitions, counterfeit currencies and forgery etc. The present petitioner has been charge sheeted under Sections 387/120-B/34 of IPC read with Section 25/27 of Arms Act in Chauliaganj P.S. Case No. 27 of 2016 and under Sections 25(1-B)/25(1-A)A of
Anticipatory bail under Section 438 cannot shield an accused from custodial detention ordered by the court post-summons, distinguishing between police arrest and court-directed custody.
Anticipatory bail – Provision under Section 438 of Cr.P.C. cannot be invoked to protect accused from his apprehension of being taken to custody on his appearance by orders of Court.
The High Court has concurrent jurisdiction with the Court of Sessions to entertain an anticipatory bail application under Section 438 of the CrPC. The twin conditions under Section 45 of the PMLA are....
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
An application seeking anticipatory bail is maintainable even if the petitioner is not named as an accused in the ECIR or the prosecution complaint.
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
Grant of anticipatory bail to some extent interferes in the sphere of investigation of an offence and hence, the court must be circumspect while exercising such power for grant of anticipatory bail.
The discretionary nature of approaching the High Court or the Court of Session for anticipatory bail under Section 438 of Cr.P.C, the importance of personal liberty, and the presumption of innocence ....
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
Point of Law - For making an application in terms of section 439 of code, a person has to be in custody and section 438 of the code deals with direction for grant of bail to person apprehending arres....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
