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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sanjay Kumar Sarangi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. anticipatory bail applications from custody. (Para 1 , 2 , 3) |
| 2. arguments regarding rights and repercussions of custody. (Para 4 , 5) |
| 3. judicial interpretations and relevant case law. (Para 6 , 7 , 8) |
| 4. legal parameters surrounding anticipatory bail. (Para 9 , 10 , 11) |
| 5. effect of custody on anticipatory bail rights. (Para 12 , 13 , 14) |
| 6. evidence and requirements for bail approvals. (Para 18 , 21 , 25) |
| 7. court's considerations in granting bail. (Para 19 , 20 , 22 , 23 , 24) |
| 8. inadmissibility of co-accused confessions. (Para 26 , 27) |
| 9. final orders concerning anticipatory bail applications. (Para 28 , 29) |
JUDGMENT :
SASHIKANTA MISHRA, J.
These applications for anticipatory bail involve the following question of law:-
Whether an application for anticipatory bail is maintainable at the instance of a person who is already in custody in connection with a different case.
This Court has extensively heard Mr. Soura Chandra Mohapatra, learned Senior counsel assisted by Mr. S. Kanungo, learned counsel for the petitioner in ABLAPL No. 11777 of 2023, Mr. Debasis Panda, learned counsel for the petitioner in ABLAPL No. 13978 of 2023 and Mr. Abhas Mohanty, learned counsel appearing
Anticipatory bail applications are maintainable even if the petitioner is already in custody for another case, affirming the protection of personal liberty under Article 21.
Point of Law : Accused has every right, even if he is arrested in number of cases, to move in each of offence registered against him irrespective of the fact that he is already in custody.
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.
Anticipatory bail remains effective despite the addition of graver offences, unless explicitly cancelled by the court or an arrest order is issued.
Anticipatory bail application – There is no restriction in text of Section 438 or scheme of Cr.P.C. precluding a person from seeking anticipatory bail in relation to an offence while being in custody....
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