Disposed

Kunu@Gaurab Mohalik v. State of Odisha

Orissa HC4 Apr 2019ABLAPL/3880/2019

Case brief

AI extract

What is this about?

Petitioners implicated in offences under the S.C. & S.T. (PoA) Act withdrew their pre-arrest bail plea under Section 18 however the Court directed that if they surrender within eight weeks and file a motion bail must be disposed on the same day with prior notice periods for victim consultation as per guidelines.

What did the court decide?

Directed that if petitioners surrender within eight weeks and move for bail the Special Court shall dispose of the application on the same day if laws permit service of order to victim with notice of

Kunu@Gaurab Mohalik Vs State of Odisha — Caste Atrocities | Orissa HC (2019)

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ABLAPL No.3880 of 2019

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02. 04.04.2019

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The petitioners in this case having been implicated in Chandabali P.S. Case No.47 of 2019 corresponding to Special Case No.8 of 2019, pending in the Court of the learned Special Judge, Bhadrak for alleged commission of offences punishable under Sections 341, 323, 294, 506/34 of I.P.C. and Section 3(1)(r)(s) of the S.C. & S.T. (PoA) Act, have filed this petition for their release on pre-arrest bail.

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Heard learned counsel for the petitioners and learned counsel for the State.

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In view of the provisions under Section 18 of the S.C. & S.T. (PoA) Act, the learned counsel for the petitioners does not want to press this application for pre-arrest bail. However, he submits that the petitioners shall surrender before the concerned Special Court under the S.C. & S.T. (PoA) Act and in the event the petitioners surrender and move for bail, the concerned Special Court under the S.C. & S.T. (PoA) Act may be directed to dispose of the same in course of the day.

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Considering the facts and submissions made, and without expressing any opinion on the merit of the case, it is directed that if the petitioners surrender in connection with the aforesaid case before the concerned Special Court under the S.C. & S.T. (PoA) Act within eight weeks’ hence and make a motion for bail, the bail application of the petitioners shall be considered and disposed of by the concerned Special Court under the S.C. & S.T. (PoA) Act in accordance with law, on the same day, if there is no other legal impediment. But, the petitioners are directed to serve copy of this order on the Investigating Officer and Special Public Prosecutor concerned within six weeks hence intimating

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that they are going to surrender on a particular date and move for bail and on receipt of such notice, he shall do the needful to communicate the same to the victim/victims to enable him/her/them as the case may be to have his/her/their say in such bail petition by remaining present either in person or through lawyer. But, such date of surrender, however, must not be before ten clear days of such notice to the Investigating Officer and/or Special Public Prosecutor. In spite of the same, if the victim / victims, as the case may be, would not appear, the trial Court shall not wait for disposal of the bail application awaiting their response. Non-intimation of the aforesaid fact to the victim by the Special Public Prosecutor and the Investigating Officer concerned shall also not be a ground to adjourn the bail petition. But, the petitioners must furnish proof of such service of the copy of the order on them. The up-to-date Case Diary and the materials be made available to the Court concerned by the Investigating Officer.

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With the aforesaid order, this ABLAPL stands disposed of.

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

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A free copy of this order be handed over to the learned counsel for the State.

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……………………. S.Pujahari, J.

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MRS

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Kunu@Gaurab Mohalik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kunu@Gaurab Mohalik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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