Orissa High Court
Prakash Kumar Parida & Others vs State Of Odisha on 31 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2885 of 2023
Prakash Kumar Parida & Others .... Petitioners
Mr. A.K. Pattanaik (A), Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 31.03.2023
01. 1. Heard the learned counsel for the Petitioners and the State.
2. 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. 341/323/294/506/34, I.P.C. and
Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment
2015).
3. Learned counsel for the Petitioners submits that Section 3 of the
SC & ST (PoA) Act is not attracted against the petitioners in this
case.
4. The learned Addl. Standing Counsel on the other hand pointed
out the material alleged against the Petitioners and submitted that
the offence is well made out as alleged.
5. Prima facie there is material to implicate the Petitioners in the
alleged offences. In view of the bar under Sections 18 and 18-A of
the SC & ST (PA) Act, the present application under Section 438,
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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.
6. 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 Addl. Sessions Judge-cum-Special Judge
under SC & ST(PA) Act, Cuttack in C.T. Case No.65 of
2023 arising out of Khuntuni P.S. Case No.44 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.
7. The learned Court is further directed to consider the case of the
Petitioners in accordance with law and shall dispose of the
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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.
8. It is made clear that the court concerned is to apply its own
wisdom in allowing / rejecting the prayer for bail keeping in view
the gravity of offence and severity of punishment .
9. However, this order is subject to verification of the record of
criminal antecedent of the Petitioners.
10. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Judge
S.K. Parida
