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Situ @ Prasanta Kumar Sahoo & Others vs State Of Odisha

Orissa High Court · Decided on 8 November 2022 · Citation: (2022) 11 OHC CK 0057

HON’BLE JUDGES
S.Pujahari, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 323, 324, 341, 354B, 505 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 2(va), 3(1)(r)(s), 18
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 13303 Of 2021
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Judgment

10 paragraphs · 348 words

S.Pujahari, J

1.

This matter is taken up through Hybrid mode.

2.

The Petitioners apprehending their arrest in Fategarh P.S. Case No.174 of 2021 corresponding to Special G.R. Case No.126 of 2021 pending in the court of Special Judge under SC & ST (PoA) Act, Nayagarh registered for alleged commission of offence punishable under Sections 341/323/324/294/354-B/505/34 IPC read with Section 3(1)(r)(s)/2(va) of the S.C. & S.T. (PoA) Act have filed this petition for their release on pre-arrest bail.

3.

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

4.

In view of the prohibition under Section 18 of the S.C. & S.T. (PoA) Act, I am not inclined to grant pre-arrest bail to the Petitioners.

5.

However, if so advised, the Petitioners may surrender and move for bail before the court in seisin over the matter in the aforesaid case giving ten clear days notice of such surrender to the I.I.C./I.O./P.P concerned in order to enable them to intimate the same to the victim to have his response on the bail application of the Petitioners by remaining present in the court in person or through counsel and also the I.O. to cause production of the case diary on the date of such surrender before the court concerned. Needless to say that on the date of surrender if the Petitioners furnish the proof to the court concerned regarding such notice, the court shall consider and dispose of their prayer for bail in course of the day on its own merit even in the absence of the victim/informant. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-to-date case diary be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail.

6.

However, the aforesaid liberty of surrender should not be construed as any protection from arrest given to the Petitioners.

7.

With the aforesaid order, this ABLAPL stands disposed of.

8.

Urgent certified copy of this order be granted on proper application.”

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