Bulu @ Ranjit Kumar Sahoo vs State Of Odisha
2023 Latest Caselaw 6044 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.4481 of 2023

               Bulu @ Ranjit Kumar Sahoo       ....         Petitioner
                                     Mr. Manas Kumar Chand, Advocate

                                           -versus-

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



                           CORAM:
                           JUSTICE CHITTARANJAN DASH


                                             ORDER

Order No. 15.05.2023

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.147/341/294/323/506/149/ of IPC and Sections 3(1)(r)/3(1)(s)/3(1)(za)(A)/3(2)(va) of SC & ST (PoA) Act in connection with Khurda Model PS Case No.266 of 2023 corresponding to TR Case No.47 of 2023 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Khurda.

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

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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.

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-cum-Special Judge, Khurda in Khurda Model PS Case No.266 corresponding to TR Case No.47 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, the Case Diary and other relevant materials be made available to the concerned court as far as practicable by the date of surrender.

(iii) The learned Court is further directed to consider the case of the Petitioner in accordance with law strictly on its own merit applying its wisdom and shall dispose of the application on the very same day if there be no other legal

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impediment. In the 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 and not in routine manner.

5. In no case, the court concerned shall be influenced by the observations of this court presuming the direction passed here in is directory, peremptory or in affirmative. The court shall apply its wisdom in allowing or rejecting the application on its own.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

AKPradhan

Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 16-May-2023 10:15:48