Siba Prasad Sahoo @ Sibu & vs State Of Odisha
2023 Latest Caselaw 548 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.514 of 2023

               Siba Prasad Sahoo @ Sibu &
               Others                                 ....           Petitioners
                                                      Mr. Sanjit Mishra, Advocate
                                           -versus-
               State of Odisha                        ....            Opp. Party
                                                      Mr. Debasish Biswal, A.S.C.


                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                       ORDER

Order No. 17.01.2023

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

2. Perused the case record. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 341/324/294/506/34, I.P.C. and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the SC & ST (PoA) Act, 1989 (Amendment Act, 2018).

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 Prithviraj 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.

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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 and move for bail before the learned District & Sessions Judge, Puri in G.R. Case No.6 of 2023 arising out of Kanas P.S. Case No.4 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, on advance intimation, the Case Diary and other relevant materials be made available to the concerned court by the date of surrender.

5. The learned Court is further directed to consider the case of the Petitioners in accordance with law and shall dispose of the application on the very same day itself as far as possible, strictly on its own merit. The Court is also not precluded from granting any interim protection to the Petitioners in appropriate circumstances but not in a routine manner. It is made clear that the court concerned to apply its own wisdom in allowing/releasing the Petitioners on bail.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

S.K. Parida