Dismissed

Anup Kumar Mohanty v. State of Odisha

Orissa HC22 Mar 2021ABLAPL/2818/2021

Case brief

AI extract

What is this about?

The High Court dismissed a petition for pre-arrest bail apprehending arrest in an offence under SC & ST (PoA) Act, ruling that Section 18 prohibits such relief until a fair trial commences. The court directed petitioners to surrender to the lower court with notice to the victim.

What did the court decide?

Petition for pre-arrest bail dismissed; liberty granted to surrender to Sessions Court with ten days' notice to victim.

Anup Kumar Mohanty Vs State of Odisha — Caste Atrocities | Orissa HC (2021)

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ABLAPL No.2818 of 2021

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2. 22.03.2021

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

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The petitioners apprehending their arrest in Rairangpur Town P.S. Case No.22 of 2021 corresponding to G.R. Case No.3 of 2021 pending in the court of Addl. Sessions Judge, Rairangpur registered for alleged commission of offences punishable under Sections 294, 506 and 34 of I.P.C. read with Section 3 of SC & ST (PoA) Act have filed this petition for their release on pre-arrest bail.

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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 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 or dependant of the victim, as the case may be, to have their 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

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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 in its own merit even in the absence of the victim or dependant of the victim, as the case may be. 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 and the materials thereon 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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…………………….. S.Pujahari, J.

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DA /SKB

Anup Kumar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anup Kumar Mohanty 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

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Case details

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