CUTTACK: The Orissa High Court’s single bench of Justice Sashikanta Mishra has ruled that granting anticipatory bail in a case where a person is summoned by the trial court as an added accused will depend on the facts and circumstances of each case.
It cannot be laid down as a straight-jacket formula that in every such case, the person summoned as an added accused is to be granted anticipatory bail, Justice Mishra ruled.
The ruling came on Friday while considering the anticipatory bail petition of two persons from Bentapur village under Angul Sadar police station, who were added as accused and summoned by the trial court in a murder case after filing of charge sheet.
While questioning the maintainability of the petitions, the state counsel contended that the trial court having issued only summons exercising power under Section 319 of CrPC, apprehension of the petitioners of being taken to custody is entirely unjustified.
Dismissing the argument, Justice Mishra held, “Section 319 (3) of CrPC is clear to the extent that the court has the power to detain a person also appearing upon a summons. To such an extent, therefore, the apprehension of the petitioners can be treated as genuine and reasonable. If the trial court decides to detain the petitioners upon their appearance it would be tantamount to curtailment of their liberty. This, in turn, is akin to arrest.”
“Thus, this court essentially finds that the petitioners, though summoned after being added as accused persons in the ongoing trial can verily lose their liberty upon their appearance,” Justice Mishra ruled while taking the view that there is reasonable doubt regarding the involvement of the petitioners in the alleged occurrence.
Since the trial court has already summoned the petitioners, the anticipatory bail application is disposed of directing them to move for bail, Justice Mishra further observed, adding, that they can be released on terms and conditions as deemed fit by the trial court.