Ranjit Kumar Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.691 of 2022 Ranjit Kumar Das & Others ....
Petitioners -versusState of Odisha & Another ....
Opposite Parties CORAM: JUSTICE S.PUJAHARI
ORDER
03.02.2022 01.
1.
This matter is taken up through Virtual mode. Order No.
2.
The Petitioners apprehending their arrest in Singla P.S. Case No.02 of 2022, corresponding to Spl. G.R. Case No.02 of 2022, pending in the Court of learned Special Judge, Balasore, registered for alleged commission of offences punishable under Sections 294, 324, 506 / 34 of I.P.C., and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC & ST (PoA) Act, have filed this petition for their release on pre-arrest bail. 3.
Heard the learned counsel for the Petitioners and the learned counsel for the State.
4.
In view of the prohibition under Section 18 of the S.C. & S.T. (PoA) Act, I am not inclined to grant pre-arrest bail to the Petitioners. 5.
However, if so advised, the Petitioners may surrender and move for bail before the court in seisin over the matter in the aforesaid case giving ten clear days notice of such surrender to the I.I.C./I.O./P.P
// 2 // concerned in order to enable them to intimate the same to the informant to have his response on the bail application of the Petitioners by remaining present in the court in person or through counsel and also the I.O. to cause production of the case diary on the date of such surrender before the court concerned. Needless to say that on the date of surrender if the Petitioners furnish the proof to the court concerned regarding such notice, the court shall consider and dispose of their prayer for bail in course of the day on its own merit even in the absence of the informant. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-todate case diary be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail. 6.
However, the aforesaid liberty of surrender should not be construed as any protection from arrest given to the Petitioners. 7.
With the aforesaid order, this ABLAPL stands disposed of. 8.
As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout copy of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos. 514 & 515 dated 7th January, 2022.
(S. Pujahari) Judge SKB/PKS/DA