Dismissed

Bhaskar Chandra Mohapatra v. State of Odisha

Orissa HC2 Nov 2021ABLAPL/6642/2021

Case brief

AI extract

What is this about?

The High Court of Orissa declined to grant pre-arrest bail due to Section 18 of the SC & ST (PoA) Act. Instead, it granted liberty to surrender before the Special Judge, Bhadrak, with a notice to the Informant, allowing the application to be disposed of on the day of surrender.

What did the court decide?

Liberty granted to surrender before the court in seisin (Special Judge, Bhadrak) with notice; No pre-arrest bail granted.

Bhaskar Chandra Mohapatra Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.6642 of 2021

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Bhaskar Chandra Mohapatra and …. Petitioners others

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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

Order No.

02.11.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in Dhamnagar P.S. Case No.198 of 2020, corresponding to Special Case No.77 of 2020, pending in the court of Special Judge (S.C.&S.T.), Bhadrak, registered for alleged commission of offences punishable under Sections 341, 294, 420, 506 read with Section 34 of the I.P.C. read with Sections 3(1)(f)(r)(s)/3(2)(va)(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 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 case giving ten clear days notice of such surrender to the I.I.C./I.O.

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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. 7. With the aforesaid order, this ABLAPL stands disposed of. 8. Urgent certified copy of this order be granted on proper application. (S. Pujahari) Judge

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Bhaskar Chandra Mohapatra v. State of Odisha

Case brief

What is this about?

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Bhaskar Chandra Mohapatra v. State of Odisha

Case brief

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What did the court decide?

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