Heard learned counsel for the petitioners and learned Addl. Government Advocate.
The petitioners are apprehending arrest for the alleged commission of offences under Se
ctions 147, 148, 341, 307, 323, 324, 325, 294, 379, 427, 506 and 149 of the I.P.C. read with S
ection 3(I)(x) of the S.C. & S.T. (P.A.) Act in G.R. Case No. 193 of 2015 of the court of S.D.
J.M., Dhenkanal, arising out of Gondia P.S. Case No.21 of 2015.
It is apparent from the records that offence under Section 3(I)(x) of the S.C. and S.T.
(P.A.) Act is prima facie made out against the petitioners and as there is bar under Section
18 of the said Act. So, this Court is not inclined to grant anticipatory bail to the petitione
rs. Accordingly, the application for anticipatory bail is rejected. Considering the submission
made by the learned counsel for the petitioners, it is directed that the petitioners are give
n liberty to surrender before the learned S.D.J.M., Dhenkanal in the aforesaid case within 21
days hence and pray for bail. On such event, the application for bail shall be considered by t
he learned S.D.J.M., Dhenkanal in the first hour. In case of rejection of the bail application
, the petitioners are at liberty to move the higher forum in second hour on the same day. Lear
ned Magistrate shall submit the case records to the higher forum at the cost of the petitioner
s. On such event, the higher forum shall consider the bail application strictly on merits and
dispose of the same on the same day by maintaining parity, if available.
The Case Diary be made available to the court concerned.
It is made clear that this Court has not expressed any opinion on the merit of any futu
re application if filed under Section 439, Cr.P.C.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
