It is borne out from the records that the incident took place after amendment
of the SC and ST (PA) Act has taken effect. Hence, the offences under Sections 3(1)(r) and (s)
of the SC and ST (PA) Act and Section 323 IPC read with Section 3 (2) (va) of the SC and ST (
PA) Act are well made out. The bar under Section 18 of the Special Act is applicable to the pr
esent case. Hence, the Court is not inclined to grant anticipatory bail to the petitioner.
However, on the submission of the counsel, the petitioner is given liberty to
surrender in the aforesaid case before the learned Special Judge-cum-Sessions Judge, Boudh wit
hin 30 working days hence and move for bail. On such event, the learned Judge shall consider h
is application and dispose of the same on the same day.
Keeping in view the recent amendment and insertion of Chapter IV-A and Section
15-A of the SC and ST (PA) Act, which mandates in Sub-Section (5) that a victim or his/her de
pendent shall be entitled to be heard at any proceedings under this Act in respect of bail, di
scharge, release, parole, conviction or sentence of an accused or any connected proceedings or
arguments and file written submission on conviction, acquittal or sentencing, prior notice sh
ould be sent to the victim/informant before consideration of the bail application.
So, it is directed that before the petitioner surrender in the court,
he should at least 15 days prior to the date of surrender file postal requisites to issue noti
ce to the informant/victim in the Court of the Special
