TITU ALIAS MITU ALIAS PRASIDHA MAHARATHI, MR SWAIN AND BABULI ALIAS AND ISWAR PRASIDHA MAHARATHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Section 439 of the Code of Criminal Procedure, 1973, Petitioners have prayed for their release on bail, their similar prayer having been rejected by the learned Sessions Judge, Puri.

(2.) THIS is a peculiar case of its own nature. Petitioners, it is alleged, having committed a ghastly crime could avoid the rigour of law with the blessings of the prosecuting agency. To appreciate the contentions raised at the Bar, a few facts may be stated thus:

(3.) SHRI D. Nayak, learned Counsel for Petitioners, submits that in view of Section 438(3), Code of Criminal Procedure" an accused once has been granted anticipatory bail, the said benefit would enure to him even after filing of the charge -sheet. Therefore, applying the said principle to the present case, the Petitioners whose case stands on abetter footing, in as much as the Investigating Officer having not found them to be involved in the incident, did not charge -sheet them, should be granted bail.