Dismissed

Jitendra Sahoo v. State of Odisha

Orissa HC21 Dec 2021ABLAPL/15333/2021

Case brief

AI extract

What is this about?

In a bail petition under S.C./S.T. Prevention of Atrocity Act, the court refused pre-arrest bail due to the statutory prohibition of Section 18. Instead, it directed petitioners to surrender with notice to allow victim response, specifying that such direction yields no arrest protection.

What did the court decide?

Pre-arrest bail denied; liberty given to surrender with notice for later bail consideration without opinion on merits.

Jitendra Sahoo Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.15333 of 2021

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Jitendra Sahoo & another

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…. Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER 21.12.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Balimi P.S. Case No.201 of 2021 corresponding to C.T (Special) Case No.61 of 2021 pending in the court of District Judge-cumSpecial Judge, Dhenkanal registered for alleged commission of offence punishable under Sections 341/ 294/ 323/ 426/ 447/ 506/34 IPC and Sections 3(1)(r)(s)/3(2)(va) 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 so also learned counsel for the Informant. 4. In view of the prohibition under Section 18 of the S.C. & S.T. (PoA) Act, I am not inclined to grant pre-arrest bail to the Petitioners.

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However, if so advised, the Petitioners may surrender and move for bail before the court in seisin over the matter in

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the aforesaid case giving ten clear days notice of such surrender to the I.I.C./I.O./P.P concerned in order to enable them to intimate the same to the victim to have her response on the bail application of the Petitioners by remaining present in the court in person or through counsel and also the I.O. to cause production of the case diary on the date of such surrender before the court concerned. Needless to say that on the date of surrender if the Petitioners furnish the proof to the court concerned regarding such notice, the court shall consider and dispose of their prayer for bail in course of the day on its own merit even in the absence of the victim/informant. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-to-date case diary be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail.

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However, the aforesaid liberty of surrender should not be construed as any protection from arrest given to the Petitioners.

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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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(S. Pujahari) Judge

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PKS

Jitendra Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jitendra Sahoo v. State of Odisha

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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