Orissa High Court
Bipra Charan Mohanty vs State Of Odisha on 16 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.467 of 2023
Bipra Charan Mohanty .... Petitioner
Mr. Jyotirmaya Sahoo, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S. Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 16.01.2023
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.427/323/294/506/34 IPC read with Section 3(1) (r)/
3(2)(va) of the SC & ST (POA) Act.
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
that, if the complaint does not make out a prima facie case or
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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
Additional Sessions Judge, Chatrapur in Purushottampur
P.S. Case No.826 of 2022 corresponding to G.R. Case No.01
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 keeping in view if the Petitioner has criminal
antecedent. In this 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 but not in a routine manner. However it
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is made clear that the observations/directions made herein
shall not be considered in affirmative.
5. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Judge
KC Bisoi
