Pravakar Guru Vs State of Odisha

It is submitted that the petitioners were granted protection from arrest by this Court vide order dated 14.09.2017 passed by this Court in ABLAL No. 9087 of 2017. However, charge sheet was submitted on 26.09.2017. The petitioners apprehend that since higher offence, namely, Section 307 IPC has been added at the time of submission of charge sheet, learned Court below may not abide by the order of bail already granted by this Court. The apprehension of the petitioners appears to be without any reasonable basis because it is settled position of law that once bail has been granted, the same ordinarily continues till conclusion of trial, as has been held by the apex Court in the case of Sushila Aggarwal and others vs. State (NCT of Delhi) and another, reported in (2020) 5 SCC 1.

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In such view of the matter, I am not inclined to interfere with the impugned order. It is however open to the petitioners to appear before the court below and move for bail and in such event the Court below shall release the petitioners having regard to the order of bail passed by this Court.

( Sashikanta Mishra) Judge

A.K. Rana

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Pravakar Guru v. State of Odisha