Orissa High Court
Pritam Nag & Others vs State Of Odisha & Another on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3798 of 2023
Pritam Nag & Others .... Petitioners
Mr. B.S. Dasparida, Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 01.05.2023
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.
341/294/323/354/506/34, I.P.C. and Section 3(1)(r), 3(1)(s) and
3(2)(va) of the S.C. & S.T. (PoA) Act, 1989 (Amendment 2018).
3. It is submitted by the learned counsel for the Petitioners that
Petitioner Nos.1 and 2 namely Pritam Nag and Santu @ Saroj
Kumbar are persons belonging to Scheduled Caste category and
therefore the offence under the SC/ST (POA) Act is not applicable
against them.
4. 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
// 2 //
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.
5. 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. Dist. & Sessions Judge-cum-
Special Judge, Titlagarh in G.R. Case No.63 of 2022 arising
out of Saintala P.S. Case No.360 of 2022, 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.
6. The learned Court is further directed to consider the case of the
Petitioners in accordance with law upon verification of the
antecedents and injuries, if not grievous, and shall dispose of the
application on the very same day as far as possible, strictly on its
own merit.
// 3 //
7. The Court is also not precluded from granting any interim
protection to the Petitioners in appropriate circumstances but not in
a routine manner.
8. However, this order is subject to verification of criminal
antecedents of the Petitioners.
9. It is made clear that the court concerned is to apply its wisdom in
allowing / rejecting the Petition for bail keeping in view the gravity
of the offence, circumstance of the crime and severity of the
punishment.
10. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
SAMIR Digitally signed
Judge
by SAMIR KUMAR
KUMAR PARIDA
Date: 2023.05.02
PARIDA 11:57:48 +05'30'
S.K. Parida
