Anna @ Ananda Chandra Nayak v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14087 of 2022 Anna @ Ananda Chandra Nayak & another ....
Petitioners Mr. Susanta Kumar Baral, Advocate -versusState of Odisha ....
Opp. Party Mr. Manoj Kumar Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH Order No.
ORDER
15.11.2022 02.
1. Heard learned counsel for the Petitioners and the State.
2. Perused the case record.
3. This application for bail U/s.438 Cr.P.C. has been filed by the Petitioners in anticipation of arrest for their alleged involvement in the offences U/s. 451/294/323/379/506/34, I.P.C., Section 25 of Arms Act and Sections 3(1)(r)(s) & 3(2)(va) of the SC & ST (PoA) Act.
4. 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
// 2 // 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.
5. 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 Petitioners surrender before the learned District & Sessions Judge-cum-Special Judge under S.C. & S.T. (PoA) Act, Dhenkanal in connection with Nihalprasad P.S. Case No.201 of 2022 corresponding to C.T. (SPL) Case No.67 of 2022 within three weeks from today, before the court in seisin over the matter the Petitioners 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.
(iii) The learned Court is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the application on the very same day itself, strictly on its own merit. In the circumstance, the Court is not precluded from granting any interim protection to the Petitioners in appropriate case, keeping in view the facts and circumstances of the case, upon his satisfaction and not in
// 3 // routine manner. In no case shall the court concerned be influenced by the observations of this court presuming the direction passed here as an affirmative.
6. The ABLAPL is disposed of accordingly.
( Chittaranjan Dash ) Judge S.K. Parida