Allowed

Kishore Ch.Mallick v. State of Orissa

Orissa HC8 Jan 2016ABLAPL/18388/2015

Case brief

AI extract

What is this about?

This single judge order grants anticipatory bail to the petitioner apprehending arrest for offences under the IPC and the SC/ST (Prevention of Atrocities) Act. The court held that Section 18 of the Act does not apply as the allegation against the petitioner under Section 3(2)(vii) relates to his status as a public servant, not a non-bailable offence under Section 3.

What did the court decide?

Application for anticipatory bail allowed with direction for release on bail upon arrest.

Kishore Ch.Mallick Vs State of Orissa — Caste Atrocities | Orissa HC (2016)

¶1

ABLAPL No. 18388 of 2015

¶2

08.01.2016Heard learned counsel for the petitioner and learned Addl. Government Advoca te.

¶3

 The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 342, 323 and 325/34 of the I.P.C. read with Section 3(2)(vii) of the S.C. & S.T. (P.A.)
Act in G.R. Case No. 790 of 2015 of the court of J.M.F.C. (R), Cuttack, arising out of Olatpur
 P.S. Case No.47 of 2015.

¶4

 It is apparent from the records that offences under Sections 342, 323 and 325/34 are b
ailable in nature. Section 3(2)(vii) of the S.C. & S.T. (P.A.) Act alleging that the petitione
r is a public servant (working as a Constable) such offence is attracted. A careful considerat
ion of Section 3(2)(vii) of the S.C. & S.T.(P.A.) Act reveals that it shall be attracted if a
public servant commits an offence under Section 3 of the said Act. There is no allegation that
 he has not committed any such offence. Section 3(2)(vii) is not made out against the present
petitioner. Hence, bar under Section 18 of the Act is not applicable.

¶5

 Keeping in view the aforesaid consideration and the fact of the case, the application
for anticipatory bail is allowed. It is directed that on the event of arrest, the petitioner s
hall be released on bail on such terms and conditions as deemed just and proper by the Arresti
ng Officer.

¶6

 The ABLAPL is accordingly disposed of.

¶7

JS Urgent certified copy of this order be granted on proper application.

¶8

S.K.Mishra, J.

¶9

Kishore Ch.Mallick v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kishore Ch.Mallick v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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