Orissa High Court
Debendra Pradhan vs State Of Odisha on 10 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7060 of 2023
Debendra Pradhan .... Petitioner
Mr. Dhirendra Kumar Mohapatra,
Advocate
-versus-
State of Odisha .... Opp. Parties
Mr. D. Biswal, ASC
M/s. Sarbeswar Sahoo, Advocate
For the Informant
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.08.2023
01. 1. Heard learned counsel for the Petitioner, the Informant 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.417/376(2)(n)/506 of IPC read with Sections
3(1)(r)/3(1)(s)/3(2)(va) of SC & ST (PoA) Act in connection with
Bargarh PS Case No.513 of 2021 corresponding to CT Special Case
No.61 of 2021 pending in the court of learned District and Sessions
Judge, Bargarh.
3. Learned counsel for the Petitioner submits that the Petitioner has
married to the Informant and they are staying together.
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
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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 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
District and Sessions Judge, Bargarh in Bargarh PS Case
No.513 of 2021 corresponding to CT Special Case No.61 of
2021 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, 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 Petitioner in accordance with law strictly on its own
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merit applying its own wisdom and shall dispose of the
application on the very same day if there be no other legal
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.
6. The court shall apply its wisdom in allowing or rejecting the
application on its own. 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: 11-Aug-2023 10:49:19
