TAPAS RANJAN NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed this application under Sec. 438 of Cr.P.C. seeking protection from arrest which he apprehends as summons has been issued by the Court below for his appearance upon addition of graver offence. The petitioner was originally implicated in Mangalpur P.S. Case No. 88 of 2013 corresponding to G.R. Case No. 522 of 2013 to the Court of learned SDJM, Jajpur for the alleged commission of the offences under Ss. 457/ 509/ 354/324/ 392/ 506/34 of IPC as per the FIR. He was granted bail as per order dtd. 8/10/2013 passed by the learned Sessions Judge, Jajpur in BLAPL No. 455 of 2023. Chargesheet was also submitted for the aforementioned offences and the learned SDJM took cognizance of the said offences. However, a protest petition, being 1C.C. Case No. 487 of 2023 was filed by the informant with prayer to add the offence under Sec. 307 of IPC. Learned SDJM rejected the petition by order dtd. 24/3/2014. The informant carried the matter in revision being Criminal Revision No. 21 of 2014 to the Court of learned Sessions Judge, Jajpur. As per judgment passed on 21/11/2014, learned Sessions Judge allowed the revision by directing learned SDJM to take cognizance of the offence under Sec. 307 of IPC. As such, learned SDJM, by order dtd. 21/11/2014 took cognizance afresh of the newly added offence under Sec. 307 of IPC and issued summons for appearance of the petitioner. The petitioner apprehends that on his appearance he may be remanded to custody by the Court and therefore, seeks protection in the form of an order under Sec. 438 of Cr.P.C.

(2.) Learned counsel for the petitioner submits that in view of the ratio laid down in Sushila Aggarwal Vs. State (NCT of Delhi) AIR 2020 SC 831 bail once granted is deemed to continue till the end of trial and therefore, necessary order in this regard may be passed to protect the petitioner.

(3.) Mr. S.K.Mishra, learned State counsel on the other hand, submits that the petitioner, being on regular bail has to surrender before the Court below and move for regular bail in respect of the newly added offence of Sec. 307 of IPC. He cites the decision of the Supreme Court in the case of Pradeep Ram Vs. State of Jharkhand AIR 2019 SC 3193 in this regard.