ARJUN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS matter has been listed today on being pointed out at the Bar that the Petitioner has come to this Court under Section 439 Code of Criminal Procedure directly without approaching the learned Addl. Sessions Judge -cum -Special Judge (Vigilance), though he is involved in an offence under the Prevention of Corruption Act.

(2.) HEARD Mr. S.R. Mulia, counsel for the Petitioner and Mr. OK Mohapatra, Standing Counsel (Vigilance). The jurisdiction of the Sessions Judge and that of the High Court under Section 439 Code of Criminal Procedure is concurrent. As a matter of practice and prudence, the Sessions Judge (in this case the Special Judge (Vigilance)) being lower in hierarchy is to be approached first under Section 439 Code of Criminal Procedure and the jurisdiction of the High Court under the self -same Section can be invoked thereafter. In the present case, his application for bail having been rejected by the Chief Judicial Magistrate, Cuttack, the Petitioner has filed this application under Section 439 Code of Criminal Procedure in this Court directly without approaching the learned Addl. Sessions Judge -cum -Special Judge (Vigilance), Bhubaneswar.

(3.) DURING the course of hearing, counsel for the Petitioner submitted that the Petitioner is ready and willing to surrender before the learned Additional Sessions Judge -cum -Special Judge (Vigilance), Bhubaneswar and apply for bail. It is also submitted that pursuant to the order dated 29.8.2003 of this Court, the Petitioner has been admitted to bail on furnishing security including deposit of cash security of Rs. 10,000/ - before the learned Chief Judicial Magistrate, Cuttack.