The High Court directed petitioners in an ST (POA) Act case to surrender and granted interim bail subject to conditions, citing a prior order, unless victims' injuries are near-fatal.
Petitioners directed to surrender within 15 days and released on interim bail pending final hearing, subject to specific conditions unless victim injuries are near-fatal.
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ABLAPL NO.1201 OF 2021
The matter is taken up through hybrid arrangement (virtual/physical) mode.
Heard learned counsel for the Petitioners and learned counsel for the State.
Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this court in the case of Pramod Kumar Ray and others Vrs. State of Odisha, reported in (2017) 67 OCR–309 with the following observations.
The Petitioners shall surrender before the learned Presiding Officer, Special Court under SC/ST (POA) Act, Cuttack in C.T. Case No.137 of 2020 arising out of Athagarh P.S. Case No.228 of 2020 within 15 (fifteen) days from today. Seven days before the Petitioners surrender before the said Court, they or 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 them, for the purpose of notice to the victim or his/her dependent.
Taking into consideration the nature of the offence as alleged against the Petitioners, it is directed that the Petitioners shall be released on interim bail by the learned Presiding Officer, Special Court under SC/ST (POA) Act, Cuttack on the same day he surrenders in the aforesaid case pending
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disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions: –
The aforesaid order shall not be effective, if the injuries sustained by the victim/victims are near fatal and the victim/victims are still in bad shape. But, if the injuries are otherwise lesser and the victim/victims is/are hale and hearty, this observation shall not be effective and the Petitioners can be granted interim bail.
……………………..
D. Dash, J.
Narayan
2 issues framed by the court
Whether the petitioners are eligible to be granted interim bail pending disposal of their bail application.
What conditions should be imposed on the release of the petitioners on interim bail.
Colour shows how this judgement treated each authority
(2017) 67 OCR–309Followed¶5
Pramod Kumar Ray and others
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
D. Dash
Parties & counsel
