Dismissed

Tapan Ku.Patnaik v. State of Orissavig.

Orissa HC27 Aug 2015ABLAPL/10655/2015

Case brief

AI extract

What is this about?

The petitioner challenged the issuance of summons in a corruption case involving offences under the Prevention of Corruption Act and IPC Section 409. The court held that since the petitioner had not been arrested, there was no apprehension of arrest, making the application for anticipatory bail non-maintainable and dismissible.

What did the court decide?

Application for anticipatory bail dismissed as non-maintainable due to lack of apprehension of arrest.

Tapan Ku.Patnaik Vs State of Orissavig. — Corruption | Orissa HC (2015)

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ABLAPL NO.10655 OF 2015

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27.8.2015. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the
Vigilance Department.

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2. The petitioner has been charge sheeted for the alleged commission of offences under Sec
tion 13(2) read with Section 13(1)(c) (d) of the P.C. Act and Section 409 of the I.P.C. in V.G
.R. Case No.84/2013/T.R. No.12/2014) of the court of learned Special Judge, Vigilance, Phulban
i arising out of Berhampur Vigilance P.S. Case No.25/2010. In the charge sheet it is shown th
at the present petitioner has not been arrested and, therefore, after taking cognizance on th
e basis of the charge sheet, summon has been issued against him by the learned Special Judge (
Vigilance), Phulbani. So, application for anticipatory bail is not maintainable as there is no
 apprehension of arrest.

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 3. However, it is submitted by the learned counsel for the petitioner that the learned Spe
cial Judge(Vigilance), Phulbani may remand him as the offence under Section 409 of the I.P.C.
is punishable with imprisonment for life or imprisonment for ten years. This Court is of the
opinion that apprehension of the petitioner is misplaced.
 Accordingly, application for anticipatory bail is not maintainable and the same is
dismissed.

Tapan Ku.Patnaik v. State of Orissavig.

Case brief

What is this about?

What did the court decide?

Tapan Ku.Patnaik v. State of Orissavig.

Case brief

What is this about?

What did the court decide?

What the court decided

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