Orissa High Court
Minati Mandal @ Mina And Others vs State Of Odisha on 17 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3592 of 2022
Minati Mandal @ Mina and others .... Petitioners
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 17.08.2022
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioners and learned
Additional Standing Counsel for the State. Perused the records.
3. The present application has been filed under Section 438
Cr.P.C. for releasing the petitioners on anticipatory bail. However, in
view of the bar contained under Sections 18 as well as 18-A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, the present application u/s 438 Cr.P.C. is not
maintainable. The provisions of section 438 Cr.P.C. is not applicable
to the case registered involving an offence under the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. The aforesaid issue has also been examined by the Hon'ble
Supreme Court of India in the matter of Prathvi Raj Chauhan-vrs.
Union of India and others, reported in 2020(1) OLR (SC) 419. In
Paragraph-10 of the said judgment it has been held that provision of
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Section 438 Cr.P.C. shall not apply to the case under the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
While saying so, the Hon'ble Supreme Court has further observed
that if the complaint does not make out a prima facie case for
applicability of the provisions of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, the bar created by
Sections 18 & 18-A of the Act shall not apply.
5. Further, this Court has also elaborately discussed the issue in
the case of Pramod Kumar Ray and others-vrs.-State of Odisha,
reported in (2017) 67 OCR 309. In the light of the principle laid
down by this Court in Pramod Kumar Ray (supra), the present bail
application is being disposed of with the following observations.
6. The petitioners shall surrender before the learned Special
Judge-cum- Sessions Judge, Puri, in Special G.R. Case No.40 of
2022 pending before the said court on or before 19.09.2022. Seven
days before the petitioners surrender before the said Court, he or her
counsel shall serve a copy of the bail application or such number of
copies of the bail application on the learned Public
Prosecutor/Special Public Prosecutor, as required by him, for the
purpose of notice to the victim or his/her counsel dependent.
7. Taking into consideration the nature of the offence as alleged
against the petitioner, it is directed that the petitioners shall be
released on interim bail by the learned Special Judge-cum- Sessions
Judge, Puri on the same day, they surrender in the aforesaid case,
pending disposal of the bail application on merit, at the time of final
hearing of the case, on such terms and conditions as deemed just and
proper.
8. The aforesaid order shall not be effective if the injuries
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sustained by the victim/victims are near fatal and victim/victims are
still in bad shape. But, if the injuries are otherwise lesser and the
victim/victims is/are hale and hearty, this observation shall not be
effective and the petitioners can be granted interim bail.
9. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted on proper
application in course of the date.
( A.K. Mohapatra)
Judge
Jagabandhu
