No formula for granting interim bail after trial court’s summons: HC

Cuttack: The Orissa high court has observed that a straight-jacket formula cannot be laid down that a person is entitled to anticipatory bail when he/she is summoned by the trial court as an added accused in a case. However, the court said whether anticipatory bail would actually be granted or not is to be determined based on the facts and circumstances of each case.The single-judge bench of Justice Sashikanta Mishra gave the ruling on Friday while considering the case of two persons who had sought anticipatory bail after they were added as accused after the filing of chargesheet in a murder case in Angul Sadar police station area.The state counsel argued the trial court had only issued summons exercising powers under Section 319 of CrPC and the apprehension of the petitioners of being taken into custody is entirely unjustified.But Justice Mishra said, “Section 319 (3) of CrPC is clear to the extent that the court has power to detain a person also appearing upon summons. To such extent therefore, the apprehension of the petitioners can be treated as genuine and reasonable. If the trial court decides to detain the petitioners upon their appearance it would tantamount to curtailment of their liberty. This, in turn, is akin to arrest.”“Thus, this court essentially finds that the petitioners, though summoned after being added as accused persons in the ongoing trial, can verily lose their liberty upon their appearance,” he observed.While considering the case records and observing there is reasonable doubt on the involvement of the petitioners in the alleged crime, Justice Mishra further said, “Since the trial court has already summoned the petitioners, the anticipatory bail application is disposed of directing them to appear in pursuance thereof and to move for bail.”

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