BHAGIRATHI MAHAPATRA Vs. STATE

JUDGEMENT

(1.) THE petitioners who are goldsmiths of Puri town are being prosecuted for offences under Sections 147, 353, 341, 225 and 414, Indian Penal Code. They pray for anticipatory bail which is opposed by the learned Standing Counsel for the State. The matter has come up before us on a reference made by our learned brother Panda, J,

(2.) THE petitioners aver that on the allegations that when the police officers had gone to search the shop of one Dhruba Charan Sahu of Puri town and were making enquiries at another shop, Dhruha Charan Sahu was found slipping away with a bag suspected to contain stolen articles. The police officials rushed to the shop of Dhruba Charan Sahu and asked him to show the bag. Upon his refusal and raising hulla, about 100 people including the petitioners gathered at the place and it is alleged that the said persons prevented the police from discharging their duties. During the commotion, it is alleged, Dhruba Charan Sahu passed on the bag to some other person and it could not be seized. On the aforesaid allegations G. R. Case No. 441 of 1975 has been started in the court of the Sub -divisional Judicial Magistrate, Puri for commission of offences under Sections 147, 353, 341, 225 and 474, I.P.C. The offence under Section 414, I.P.C. is non -bailable, Petitioners contend that the said Dhruba Charan Sahu was mercilessly assaulted by the police for which a complaint case has been filed. They apprehend that they will be arrested and by such arrest they will be humiliated and harassed by the police. They moved the learned Sessions Judge of Puri for grant of anticipatory bail, but he rejected the prayer by order dated 8.4.1975.

(3.) THE concept of 'bail' means release of a person from custody or prison and delivery into the hands of sureties who undertakes to produce him in court upon an appointed day. Wharton's Law Lexicon explains 'bail' as "to set at liberty a person arrested or imprisoned, on security being taken for his appearance". Therefore, the concept of bail implies on arrest or a previous restraint. 'Anticipatory bail' means bail in anticipation of arrest. 'Arrest' consists of the actual seizure or touching of a person's body with a view to his detention. (Vide Halsbury's Laws of England, Third Edition, Volume X, Page 342).