Orissa High Court
Srutiranjan Mishra vs State Of Odisha And Another on 28 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.111 of 2022
Srutiranjan Mishra .... Petitioner
Mrs. Sujata Jena, Advocate
-versus-
State of Odisha and another .... Opposite Parties
Mr. R.K. Tripathy, A.S.C. for State
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 28.01.2022
1. 1. This matter is taken up through Video Conferencing mode.
2. Heard learned counsel for the Petitioner 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 Petitioner 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
Section 438 Cr.P.C. shall not apply to the case under the Scheduled
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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 Petitioner shall surrender before the learned Special Judge
(S.C. & S.T.), Bhawanipatna in C.T. Case No.77 of 2021, arising out
of Bhawanipatna Sadar P.S. Case No.453 of 2021 on or before
03.02.2022. Seven days before the Petitioner surrenders before the
said court, he or his 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 Petitioner shall be
released on interim bail by the learned Special Judge (S.C. & S.T.),
Bhawanipatna on the same day, he surrenders 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 Petitioner can be granted interim bail.
9. The ABLAPL is disposed of.
10. As the restrictions due to resurgence of COVID -19 situation
are continuing, learned counsel for the parties may utilize a print out
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 and Office Order dated 7th January, 2022.
( A.K. Mohapatra )
Judge
U.K. Sahoo
