Sarat Nayak and Others vs State of Orissa

P.K. Tripathy, J.—Heard.

In this application u/s 438, Code of Criminal Procedure Petitioners pray for bail in G.R. Case No. 355/99 of the Court of J.M.F.C., Soro arising out of Simulia P.S. Case No. 110/99. As stated by the learned Counsel for the Petitioner, Petitioners have been implicated for the alleged offence under Sections 341, 323, 294/34, I.P.C. read with Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short,'' Act 1989'').

Learned Counsel for the Petitioners argues that due to political rivalry, they have been falsely implicated in that case, hence they may be allowed anticipatory bail. No document has been filed to show that Petitioners belong to any political party or they have any political activities. Similarly, no material is placed to show that informant belongs to any political party. Therefore, bald assertion of the Petitioners do not make them political person or the allegations made against them in the above noted case as an outcome of political rivalry.-Thus, Petitioners'' prayer for anticipatory bail on the ground of political victimisation, is devoid of merit.

The alleged offences, as learned Counsel for the Petitioners states, are under Sections 341,323 and 294, I.P.C. All such offences are bailable in nature. An application u/s 438, Code of Criminal Procedure is entertainable if the offence involved is non-bailable in nature. Under the given circumstance Petitioners'' prayer for anticipatory bail is not maintainable. So far as the offence u/s 3 of'' Act 1989'' is concerned, in view of the provision in Section 18 of that Act, an anticipatory bail application is not maintainable. Thus, judging from any angle Petitioners'' prayer for anticipatory bail is not meritorious. Accordingly, application u/s 438, Code of Criminal Procedure stands rejected.

However, if the Petitioners shall surrender within a period often days in the Court of J.M.F.C., Soro in the aforesaid case, learned J.M.F.C. may do well'' to hear and dispose of the bail application in accordance with law expeditiously. In the event of rejection of that application if application for bail shall be moved in the Court of Sessions Judge, Balasore, that Court may do well to hear and dispose of the bail application of the Petitioners in accordance with law and preferably expeditiously if the L.C.R. and C.D. shall be made available to him.