Rajesh Behera vs State Of Odisha
2022 Latest Caselaw 6516 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.14153 of 2022

               Rajesh Behera                         ....            Petitioner
                                           Mr. Sidharth Prasad Das, Advocate

                                           -versus-

               State of Odisha                         ....      Opposite Party
                                                   Mr. Debasish Biswal, A.S.C.

                         CORAM:
                         JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 14.11.2022

02. 1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in anticipation of arrest for his alleged involvement in the offences U/s. 324/341/326/307/204/506/34, I.P.C. and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the S.C. & S.T. (PoA) (Amendment), Act, 2015.

3. In view of the bar under Sections 18 and 18-A of the SC & ST (PA) Act, the present application under Section 438, Cr.P.C. is not maintainable. The issue has been examined by the Apex Court in the matter of Prithvi Raj Chauhan v. Union of India and Others, reported in (2020) 1 OLR SC 419. In paragraph-10 of the said judgment, it has been held that the provision of Section 438, Cr.P.C. shall not apply to the case involving offence under SC & ST (PA) Act, 1989. While saying so the Apex Court has further observed

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that, if the complaint does not make out a prima facie case or applicability of the provision of the Act, the bar created by Sections 18 & 18-A of the Act shall not apply.

4. Further, this Court in Pramod Kumar Ray and others v. State of Orissa, reported in (2017) 67 OCR 309, in the light of the principles laid down by the Apex Court, reiterated the same principles. Hence, this present application is disposed of with the following observation.

(i) In the event the Petitioner surrenders before the learned Spl.

Judge, Puri in Spl. G.R. Case No.93 of 2022 corresponding to Kanas P.S. Case No.143 of 2022 within three weeks from today, before the court in seisin over the matter the Petitioner shall serve copy of the bail application on the learned PP/Special PP as required by him for the purpose of notice to the victim or his/her counsel or dependent.

(ii) It is further directed that, on advance intimation, the Case Diary and other relevant materials be made available to the concerned court by the date of surrender.

(iii) The learned Court is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the application on the very same day but strictly on its own merit. In the circumstance, the Court is not precluded from granting any interim protection to the Petitioner in appropriate case, keeping in view the facts and circumstances of the case, upon his satisfaction and not in routine manner.

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(iv) In no case the court concerned shall be influenced by the observations of this court presuming the direction passed is in affirmative.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida