IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9112 of 2024
1) Babu @ Baburam Samal ..... Petitioners
2) Chinmaya Samal Represented By Adv. –
3) Labanga @ Labangalata Samal Mr. Debasis Tripathy
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. –
Mr. Samaresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
31.08.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioners and learned
Additional Standing Counsel for the State-Opposite Party.
Perused the records.
3. The present application has been filed under Section 438
of Cr.P.C. for releasing the Petitioners on anticipatory bail for
alleged commission of offences under Sections 294/323/506/34
of the I.P.C. read with section 3(l)(r)/3(l)(s)/3(2(va) of SC & ST
Act and Section 25(l)(a)/27 of Arms Act. However, in view of
the bar contained under Sections 18 as well as 18-A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, the present application under Section 438
Cr.P.C. is not maintainable. The provisions of Section 438 of
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Cr.P.C. is not applicable to the case registered involving an
offence under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
4. 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 application is being disposed of with the
following observations.
5. The Petitioners shall surrender before the learned Sessions
Judge, Kendrapara in T.R. Case No.206 of 2023, arising out of
Aul P.S. Case No.514 of 2023 on or before 23.09.2024. Seven
days before the Petitioners surrender before the said Court, their
counsel shall serve a copy of the bail application or such number
of copies of the bail application on the learned Public
Prosecutor/Special Public Prosecutor, as required by him, for the
purpose of notice to the victim or his/her counsel or dependent.
6. 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 Petitioners in accordance with law and shall dispose
of the bail application on the very same day.
7. Till the date of surrender of the Petitioners as stipulated in
this order, the Petitioners shall not be arrested in connection with
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the aforesaid case.
8. The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( A.K. Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 02-Sep-2024 16:02:17
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