Sanu@ Santosh Parida v. Manoj Kumar Das
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.913 of 2022 Sanu @ Santosh Parida & Others ....
Petitioners -versusManoj Kumar Das ....
Opposite Party CORAM: JUSTICE S.PUJAHARI
ORDER
04.02.2022 01.
1.
This matter is taken up through Virtual mode. Order No.
2.
The Petitioners apprehending their arrest in Balianta P.S. Case No.276 of 2021, corresponding to T.R. Case No.405 of 2021, pending in the court of learned District and Sessions Judge, Khurda, registered for alleged commission of offences punishable under Sections 341, 323, 294, 506 / 34 of I.P.C read with Sections 3(1)(r), 3(1)(s) of S.C. & S.T. (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 entertain the prayer for pre-arrest bail of the Petitioners.
5.
However, if so advised, the Petitioners may surrender and
// 2 // 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 concerned in order to enable them to serve the notice of the same on the victim 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 in the manner known to law even the victim is not present to oppose the same. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-to-date 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