ORISSA AT CUTTACK CRLMC No. 2972 of 2022 · Orissa High Court

Mr. A.K. Sahoo, Advocate Versus …. Opposite Parties Mr. H.M. Dhal, AGA CORAM: JUSTICE SAVITRI RATHO (For Opp. Party No.1) Order No. 02. ORDER 19.05.2023 (Through hybrid mode)

This application under Section 482 Cr.P.C. has been filed by the petitioners challenging the order dated 11.03.2019 passed by the learned // 2 // Sessions Judge-cum-Judge, Special Court, Deogarh in Special G.R. Case No. 16 of 2018, taking cognizance of offences punishable under Sections 147/ 148/ 294/ 323/ 354/ 506/ 109/ 149 read with Sections 3 (1) (r) (s) of the SC and ST (Prevention of Atrocities) Act. By the same order, summons has been issued to the petitioners.

Mr. A.K. Sahoo, learned counsel for the petitioners submits that during the investigation, the petitioners have been summoned to the Police Station under Section 41 (A) of the Cr.P.C. and after appearing in the Police Station, they had been released on executing personal bond. He further submits that an offence under Section 354 of IPC will not be made out against petitioner no.10, Mandakini Majhi as she is a female and no offence under the SC & ST (PoA) Act is made out against petitioners no.5 to 15 as they belong to the same caste as the informant. He ultimately submits that the petitioners do not want to press this application and will raise their contentions at the time of framing of charge and they want to surrender in the court of the learned Sessions Judge-cum-Judge, Special Court, Deogarh in Special G.R. Case No. 16 of 2018 and pray that a direction may be issued for disposal of their bail application in terms of the decision in case of Pramod Kumar Ray and others vrs. State of Odisha reported in (2017) 67 OCR 309. // 3 //

Considering the above submissions and in order to secure the presence of the petitioners in the case which is pending for their appearance since 2019 and in view of the decision of this Court in the case of Pramod Kumar Ray and Others vs. State of Orissa reported in (2017) 67 OCR 309, it is directed that if the petitioners file an application for bail in the Court of the learned Sessions Judge -cum- Judge, Special Court, Deogarh on or before 31.05.2023 along with extra copies for service of notice on the informant in the Court, the learned Court shall issue notice to the informant through the local I.I.C., making the notice returnable within two weeks and post the case to a date after two weeks for appearance of the petitioners. The petitioners shall surrender without fail on such date and their application for bail shall be considered and disposed of on that day in accordance with law, irrespective of the fact whether the informant appears or not.

The CRLMC is accordingly disposed of with the aforesaid direction. Urgent certified copy of this order be granted on proper application. Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: PERSONAL ASSISTANCE Reason: Authentication Location: Orissa High Court Date: 26-May-2023 15:48:12 Puspa ......................... (Savitri Ratho) Judge