SUDARSAN SWAIN Vs. STATE
LAWS(ORI)-1978-11-16
HIGH COURT OF ORISSA
Decided on November 08,1978

SUDARSAN SWAIN Appellant
VERSUS
STATE Respondents

JUDGEMENT

P.K.Mohanti, J. - (1.) THIS criminal revision is directed against an order refusing to enlarge the accused on bail.
(2.) THE Petitioner is being prosecuted for offences under Sections 447 and 326/114, Indian Penal Code. During investigation of the case he was arrested and released on bail by the Investigating Police Officer. After completion of investigation, charge -sheet was submitted against' him and he was summoned to appear in Court. He appeared through a lawyer and moved for fresh bail. The learned Magistrate rejected the prayer on the ground that bail could not be granted unless the accused personally appeared in Court. Aggrieved by this order the Petitioner has come up in revision. It is urged in this revisional application that the Petitioner is a respectable gentleman of the village and he has been falsely implicated in the case out of previous enmity. He apprehends that he may not be released on bail by the learned Magistrate as charge -sheet has been submitted against him under Section 326, Indian Penal Code and that his reputation will be lowered in public estimation if he is remanded to jail custody.
(3.) THE Petitioner is accused of an offence under Section 326, Indian Penal Code which is a non -bailable offence. Section 437, Code of Criminal Procedure provides for bail to a person accused of a non -bailable offence. Under the provisions -of this section when a person is arrested or detained without warrant by an Officer -in -charge of a Police Station, or appears, or is brought before a Court, he may be released on bail. If a person is neither arrested nor detained nor brought before the Court, he can be allowed bail if he appears and surrenders himself to the Court before the question of bail can be considered. A person who is not in custody or under some sort of restraint does not require to be released on bail, when a person appears in Court his physical presence results in placing himself in the custody of the Court.;


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