SANIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Lord Bolingbroke observed : "Liberty is to the collective body, what health is to every individual body. Without health, no pleasure can be tasted by man; without liberty, no happiness can be enjoyed by society". [Quoted from the decision (Rashmi Rekha Thatoi and Another v. State of Orissa and Others, 2012 5 SCC 690)]

(2.) Thus, the liberty has also taken proper place in preamble of our Constitution - "Liberty of thought, expression, belief, faith and worship". It is, therefore, well enshrined in Article 21 of the Constitution that no person shall be deprived of his life and personal liberty except according to the procedure established by law. Such provision has also been engrafted in the mandate of the Code of Criminal Procedure in order to sustain the liberty. But, a Court of law is required to be guided by the defined jurisdiction and not deal with matters being in the realm of sympathy or fancy. So, the Court while considering the anticipatory bail or regular bail must adhere to the parameters to find out whether liberty of a person has been curtailed or is required to be curtailed by following the established principles of law.

(3.) Adverting to the facts of the present case, it is the prosecution allegation that on 20.03.2012 at about 11.30 P.M., the petitioner and others came near the scrap shop of the informant and abused him in filthy language demanding some amount. In the event of protest, the petitioner and others assaulted the informant by means of kicks and fist blows and snatched away a mobile phone from his possession. As F.I.R. was lodged, investigation went ahead. The police after investigation, submitted charge-sheet against the petitioner and others under sections 294/385/323/307/379/506/34 of the I.P.C. and the learned Magistrate has already taken cognizance of the said offences. Since the police showed the petitioner as absconder in the charge-sheet, Non-bailable Warrant of Arrest (NBWA) was issued against him. After NBWA was issued, the present petitioner moved this petition under section 438 of the Cr. P.C. praying to grant anticipatory bail.