Research › Search › Judgment

Orissa High Court · body

2003 DIGILAW 583 (ORI)

ARJUN SAHOO v. STATE OF ORISSA

2003-09-16

PRADIP MOHANTY

body2003
JUDGMENT : Pradip Mohanty, J. - This matter has been listed today on being pointed out at the Bar that the Petitioner has come to this Court u/s 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). 3. The jurisdiction of the Sessions Judge and that of the High Court u/s 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 u/s 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 u/s 439 Code of Criminal Procedure in this Court directly without approaching the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhubaneswar. In view of the aforesaid, order dated 29.8.2003 is recalled. 4. 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. 5. Regard being had to the facts and circumstances of the case, this Court directs that the Petitioner shall surrender before the learned Addl. Sessions Judge-cum-Special Judge (Vigilance) on 24th September, 2003 and move for bail, in which event, he shall be admitted to bail on such terms and conditions as would be deemed fit and proper by that Court. In case the learned Special Judge imposes condition of deposit of cash security while admitting the Petitioner to bail, the security amount already deposited by him be adjusted. 6. A free copy of this order be handed over to Mr. In case the learned Special Judge imposes condition of deposit of cash security while admitting the Petitioner to bail, the security amount already deposited by him be adjusted. 6. A free copy of this order be handed over to Mr. Mohapatra, learned Standing Counsel (Vigilance) to enable him to instruct the concerned I.O. to produce the case diary and a copy of this order also be communicated to the Chief Judicial Magistrate, Cuttack immediately for transmission of the records to the Special Judge (Vigilance), Bhubaneswar on or before 23rd September, 2003. Urgent certified copy of the order, if applied for, be granted.