Dismissed

Prabala Kumar Paika v. State of Odisha

Orissa HC3 Aug 2021ABLAPL/6605/2021

Case brief

AI extract

What is this about?

The High Court of Orissa rejected a pre-arrest bail plea citing prohibitions under the Scheduled Castes and Tribes (Prevention of Atrocities) Act. Instead, the court granted liberty to surrender with notice to靠前 candidates for bail consideration without the informant's presence.

What did the court decide?

Application for pre-arrest bail dismissed. Liberty granted to surrender with notice for bail consideration.

Prabala Kumar Paika Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.6605 of 2021

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Prabala Kumar Paika & 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: JUSTICE S.PUJAHARI

ORDER

03.08.2021

Order No.

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in R. Udayagiri P.S. Case No.53 of 2021, corresponding to G.R. Case No.65 of 2021, pending in the court of Special Judge, Parlakhemundi, registered for alleged commission of offences punishable under Sections 341, 353, 294, 269, 270, 506 read with Section 34 of the I.P.C, Section 51(6) of Disaster Management Act, Section 3(1) of Epidemic Diseases Act and Sections 3(1)(r)(s)(ii)(v)(x) of S.C. & S.T. (PoA) Act, have filed this petition for their release on pre-arrest bail.

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

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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

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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 informant to have his 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 informant. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-todate case diary and the injury report 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/SKB

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Page 2 of 2

Prabala Kumar Paika v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prabala Kumar Paika v. State of Odisha

Case brief

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