Subash Chandra Nayak v. State Of Odisha

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.10.2024 Order No.

This matter taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard learned counsel for the appearing for the Parties. Perused the records.

The present application has been filed under Section 438, Cr.P.C. for releasing the Petitioner on anticipatory bail. In view of the bar under Section 18 & 18-A of the S.C. & S.T.Act, the present application under Section 438, Cr.P.C. is not maintainable. The provision of Section 438, Cr.P.C. is not applicable to the case registered involving an offence under the S.C. & S.T. Act.

Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present bail Page 1 of 2. application is being disposed of with the following observations.

The Petitioner shall surrender before the learned District and Sessions Judge, Khurda, Bhubaneswar within four weeks in T.R. Case No.327 of 2024 arising out of Badagada P.S. Case No.397 of 2024 for commission of alleged offences under sections 376(1)/294/ 323/506/354/34 of I.P.C. read with Section 3(l)(v), 3(l)(s), 3(2)(va), 3(1)(w) of S.C./ S.T. (POA) Act. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her counsel or dependent.

Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the bail application on the very same day. While considering the bail application of the Petitioner, learned court below shall apply the principles of parity.

The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. Anil ( A.K. Mohapatra ) Judge Page 2 of 2. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 09-Oct-2024 12:39:47