Saroj Kumar Sahu And Others vs State Of Odisha
2023 Latest Caselaw 8543 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.6959 of 2023

               Saroj Kumar Sahu and Others           ....           Petitioners
                                                 Mr. Arijeet Mishra, Advocate

                                            -versus-

               State of Odisha                          ....         Opp. Party
                                                       Mr. M. K. Mohanty, ASC



                            CORAM:
                            JUSTICE CHITTARANJAN DASH


                                              ORDER

Order No. 04.08.2023

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in anticipation of arrest for their alleged involvement in the offences U/s.294/506/34 of IPC and Sections 3(1) (r)/ 3(1)(r)(s)/3(2)(va) of SC and ST (PoA) Act in connection with Korei PS Case No.136 of 2023 corresponding to SPL. GR Case No.30 of 2023 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Jajpur Road.

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

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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 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 Petitioners surrender before the learned Addl. Sessions Judge-cum-Special Judge, Jajpur Road in Korei PS Case No.136 of 2023 corresponding to SPL. GR Case No.30 of 2023 within three weeks from today, before the court in seisin over the matter, the Petitioners 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, the Case Diary and other relevant materials be made available to the concerned court as far as practicable by the date of surrender.

(iii) The learned Court is further directed to consider the case of the Petitioners in accordance with law strictly on its own merit applying its wisdom and shall dispose of the application on the very same day if there be no other legal

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impediment. In the circumstance, the Court is not precluded from granting any interim protection in appropriate case, keeping in view the facts and circumstances of the case, upon his satisfaction and not in routine manner.

5. In no case, the court concerned shall be influenced by the observations of this court presuming the direction passed here in is directory, peremptory or in affirmative. The court shall act independently in allowing or rejecting the application on its own.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

AKPradhan

Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SR. STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Aug-2023 20:54:10