Orissa High Court
Prasanna Kumar Sahoo vs State Of Odisha on 13 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 8838 of 2023
Prasanna Kumar Sahoo .... Petitioner
Mr. Aswini Kumar Karmi, Advocate
-versus-
State of Odisha .... Opp. Parties
Mr. Shashanka Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 13.10.2023
02. 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. 341/323 of IPC and Section 3(1)(r)/3(2)(va) of SC &
ST (PoA) Act in connection with Kishorenagar PS Case No. 83 of
2020 corresponding to CT (Spl) Case No. 17 of 2020 pending in the
court of learned Addl. Sessions Judge-cum-Spl.Judge, Athmallik.
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
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)
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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
Addl. Sessions Judge-cum-Spl.Judge, Athmallik in
Kishorenagar PS Case No. 83 of 2020 corresponding to CT
(Spl) Case No. 17 of 2020 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 own wisdom and shall dispose of the
application on the very same day if there be no other legal
impediment. In the circumstance, the Court is not precluded
from granting any interim protection in appropriate case,
// 3 //
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.
6. The court shall apply its wisdom in allowing or rejecting the
application on its own. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Judge
AKPradhan
Signature Not Verified
Digitally Signed
Signed by: ANANTA KUMAR PRADHAN
Designation: Sr. Steno
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 16-Oct-2023 10:21:44
