SIDHARTHA PATRA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This application has been filed underS. 438 of the Cr. P.C. for grant of anticipatory bail in a case where charge-sheet has already been submitted against the petitioner and non-bailable warrant of arrest has been issued.

(2.) From the record it appears that S.P.D. No. 3/2000 has been registered in the Court of the learned Addl. C.J.M.-cum-Special C.J.M. (C.B.I.), Bhubaneswar for the offences alleged to have been committed under Ss. 120-B/292/343/254/366/376 read with S. 511 of the Indian Penal Code against the petitioner and two others. The question raised before this Court is with regard to maintainability of the application under S. 438 of Cr. P.C. when charge-sheet has already been submitted and warrant has been issued.

(3.) Learned counsel for the petitioner submitted that even if charge-sheet is submitted and warrant of arrest is issued whenever there is an apprehension in the mind of the accused that he may be arrested in connection with the case, an application for anticipatory bail under S. 438 of Cr. P.C. can be maintained. In order to answer the question raised it is necessary to refer to S. 438 of the Cr. P.C. which is quoted below :