This case allowed a correction of typographical errors in the petition's prayer. The Court held that apprehension of custody was unreasonable, directing the lower court to abide by the order granting anticipatory bail.
Permission to correct typographical errors allowed; lower court directed to abide by order granting anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 300 of 2020
Raju Swain & Others …. Petitioners
Mr. A.K. Budhia, Advocate
-Versus -
State of Odisha …. Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
26.11.2021
Order No. 04.
Page 1 of 1
continues till the conclusion of trial unless certain supervening circumstances are brought to the fore. Reference may be had in this regard to the decision of the apex Court in the case of Sushila Aggarwal and others vs. State (NCT of Delhi) and another, reported in (2020) 5 SCC 1.
6. With these observations, the CRLMC is disposed of.
( Sashikanta Mishra)
Judge
A.K. Rana
Page 2 of 2
2 issues framed by the court
Whether the lower court must honor the order granting anticipatory bail despite apprehension of custody following cognizance.
Whether the petitioner's apprehension is reasonable in light of settled legal principles.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherFollowed¶14
Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 · Who else cites this
Raju Swain & Others
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sashikanta Mishra
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