BASUDEV SAMANTARAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

(2.) This is an application under Section 438 of the Code of Criminal Procedure, 1973, hereinafter referred to as 'the Code' for brevity. The petitioner is involved in a case under Sections 147, 148, 294, 341, 354, 323, 325, 506 and 149 of the IPC in connection with Kujang P.S. Case No.97 of 2006, corresponding to G.R. Case No.291 of 2006 of the court of J.M.F.C. (P), Kujang.

(3.) It is apparent from the records that charge-sheet has already been laid in this case and non-bailable warrant has been issued against the petitioner. The question, therefore, arises whether an application for anticipatory bail is maintainable after filing of the charge-sheet.