Orissa High Court
Prasanta Kumar Rout And Others vs State Of Odisha on 18 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6987 of 2022
Prasanta Kumar Rout and others .... Petitioners
Mr. A.K. Sarangi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Sitikanta Mishra, ASC for State
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 18.07.2022
1. 1. This matter is taken up through hybrid arrangement
(virtual/physical mode).
2. Heard learned counsel for the Petitioners, learned 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
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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
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 Sessions
Judge-cum-Special Judge, Bhadrak, in G.R. Case No.99 of 2022,
arising out of Purunabazar P.S. Case No.98 of 2022 within a week.
Seven days before the Petitioners surrender before the said court,
they or their 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 them, 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 Petitioners, it is directed that the Petitioners shall be
released on interim bail by the learned Addl. District and Sessions
Judge, Jajpur Road (Spl. Court), Jajpur Road, in Spl. G.R. Case
No.23 of 2022, arising out of Jakhapura P.S. Case No.43 of 2022 on
the same day, they surrender in the aforesaid case, pending disposal
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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
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. Issue urgent certified copy as per rules.
( A.K. Mohapatra )
Judge
U.K. Sahoo
