Sadam Khan @ Saddam Khan vs State Of Odisha
2023 Latest Caselaw 9196 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.7178 of 2023

               Sadam Khan @ Saddam Khan      ....          Petitioner
                                       Mr. D.K. Mohapatra, Advocate

                                           -versus-

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

                        CORAM:
                        JUSTICE CHITTARANJAN DASH

Order No.                              ORDER
                                      14.08.2023

01. 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.147/148/294/341/506/153-A/295-A/324/307/149 IPC read with Section 25/27 of the Arms Act and Section 3(1)(s)/3(2)(va) of the SC & ST (POA) Act.

3. Keeping in view 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 that, if the complaint does not make out a prima facie case // 2 //

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, the present application is disposed of with the following observation.

(i) In the event the Petitioner surrenders before the learned Sessions Judge, Sundargarh in Talsara P.S. Case No.133 of 2023 corresponding to Special G.R. Case No.81 of 2023 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 itself, strictly on its own merit.

(iv) In appropriate case, the Court is not precluded from granting interim protection, keeping in view the facts and circumstances of the case, upon his satisfaction but not in a routine manner.

// 3 //

(v) However it is made clear that the observations/directions made herein shall not be considered in affirmative and the courts shall apply its wisdom in allowing or rejecting the application keeping in view the gravity of offence and severity of punishment not being influenced by the direction issued by this Court for disposal of the application. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

KC Bisoi

Signature Not Verified Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 16-Aug-2023 17:03:50