High CourtsSingle Bench

Damburudhar Senapati vs State Of Odisha

Orissa High Court · Decided on 7 May 2021 · Citation: (2021) 05 OHC CK 0016

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3, 18
CASE NUMBER
Bail ApplicationNo. 5978 Of 2021
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Judgment

15 paragraphs · 307 words

S. K. Sahoo, J

1.

This matter is taken up by video conferencing mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

Let an extra copy of the anticipatory bail application be served on the learned counsel for the State, which will be sent to the I.I.C., Gunupur Police

Station for its service on the informant and it will be intimated to him that the matter will be taken up in the week commencing from 28th June 2021

and if he so likes, he can engage a counsel to oppose the prayer for bail. A written proof regarding service of notice be obtained from the informant.

4.

Put up this matter in the week commencing from 28th June 2021 before the appropriate assigned Bench.

5.

Learned counsel for the State shall obtain case diary in the meantime.

6.

Considering the submission of the learned counsel for the petitioner that the ingredients of the offence under section 3 of the S.C. & S.T. (POA)

Act are not attracted and therefore, section 18 of the said Act is not a bar to entertain the application under section 438 of Cr.P.C, as an interim

measure, it is directed that the petitioner shall not be arrested in connection with Gunupur P.S. Case No.13 of 2021 corresponding to T.R. Case No.

28 of 2021 pending in the Court of learned Addl. Sessions Judge -cum-Special Judge, Gunupur till the next date.

7.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.