Orissa High Court
Santosh Kumar Khadanga @ vs State Of Odisha & Another on 23 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4691 of 2023
Santosh Kumar Khadanga @ .... Petitioner
Khadenga
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha & another .... Opp. Parties
Mr. S.S. Pradhan, A.G.A.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 23.05.2023
01. 1. Heard the learned counsels for the Petitioner and the State.
2. Perused the case record. By means of this application, the
Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of
arrest for his alleged involvement in the offences U/s.
342/294/323/379/506, I.P.C. and Sections 3(1)(r)(s), and 3(2)(va)
of the S.C. & S.T. (PoA) Act, 1989 (Amendment 2015).
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
// 2 //
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 and moves for bail
before the learned 1st Addl. District & Sessions Judge-cum-
Special Judge,(SC & ST), Khurda in T.R. Case No.48 of
2023 arising out of Tangi P.S. Case No.349 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.
5. The learned Court is further directed to consider the case of the
Petitioner 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.
6. The Court is also not precluded from granting interim protection
to the Petitioner in appropriate circumstances but not in a routine
manner.
// 3 //
7. However, this order is subject to verification of criminal
antecedents of the Petitioner.
8. It is made clear that the court concerned is to apply its own
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. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Vacation Judge
S.K. Parida
Signature Not Verified
Digitally Signed
Signed by: SAMIR KUMAR PARIDA
Designation: Asst. Registrar-cum-Sr.Secretary
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 24-May-2023 14:06:42
