AMARSINGH JAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner & Learned Counsel for the State. The Petitioner is one of the accused person in G. R. Case No. 273 of 2005, arising out of Kantabanji P.S. Case No. 109 of 2005) pending on the file of Learned J.M.F.C., Kantabanji for alleged commission of offence under Sections 120 -B/465/468/471/477 -A of the I.P.C. read with Section 7 of the E.C. Act. It is submitted by the Learned Counsel for the Petitioner that the Petitioner by virtue of an order of anticipatory bail passed by this Court on 19.10.2005 in BLAPL No. 8706 of 2005 has already been released on bail after arrest by the police & that charge -sheet having been filed against the Petitioner & others by impugned Order Dated 24.07.2009, the Learned J.M.F.C. having taken cognizance of the offences issued summons to the Petitioner & other accused persons for their appearance.

(2.) IT is his submitted that while granting anticipatory bail by Order Dated 19.10.2005, this Court made an observation that in the event charge -sheet is filed & process issued against the Petitioner, he shall surrender before the Court below & move for bail afresh which shall be considered by the latter on its own merit. It is his submission that in view of the decision of the Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors; : (2011) 48 OCR 1, once a person is released on anticipatory bail, the bail continues till the conclusion of trial & that in view of the observation of this Court in the anticipatory bail order, the Petitioner apprehends that in case he appears or surrenders pursuant to the summons & files an application to continue on bail with the same terms & conditions on which anticipatory bail was granted, the Learned J.M.F.C., may not allow his application. Therefore, the Learned Counsel for the Petitioner prays that the Court below may be directed to release the Petitioner on bail on his surrender.

(3.) ACCORDINGLY , the CRLMC is disposed of. Urgent certified copy of this order be granted on proper application.