Disposed

Surya Jyoti Dash v. State of Odisha

Orissa HC8 Sept 2023ABLAPL/6730/2023

Case brief

AI extract

What is this about?

The High Court held that Section 18 of the SC and ST (POA) Act does not bar the petitioner from seeking bail as the FIR does not allege an offence under Section 3 against him. The petition was disposed of with a direction to surrender and file a bail application.

What did the court decide?

ABLAPL disposed; directed petitioner to surrender and file bail application subject to conditions including non-harassment of the victim.

Surya Jyoti Dash Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.6730 of 2023

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Surya Jyoti Dash

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…. Petitioner Mr. S. Kanungo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.C. Das, A.S.C. Mr. A. Mohanty, Advocate for the Informant

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

08.09.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsels for the parties. Perused the materials placed before this Court.

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It is submitted by learned counsel appearing for the Petitioner that although the F.I.R. was not registered at the time of filing of present bail application, however, the same has been registered in the meantime under Section 498-A, 294, 494, 506, 34 of Indian Penal Code read with Section 3 (1) (r) (s) and 3 (2) (va) of the SC and ST (POA) Act, 1989.

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On a perusal of the F.I.R. it appears that the allegationmade with regard to commission of offence under Section 3 of the SC and ST Act is against the mother of the present petitioner. So far the present petitioner is concerned, no case under Section (3) of the SC and ST Act is prima facie made out a plain reading of the F.I.R. In such view of the matter, the bar under Section 18 of the SC and ST (POA) Act is not applicable to the Petitioner.

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// 2 //

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In such view of the matter, although this Court is not inclined to protect the petitioner by exercising the jurisdiction under Section 438 Cr.P.C. however, at the same time the petitioner is directed to surrender before the learned Court below to move an application for bail. In the event, such a bail application is filed the same shall be allowed subject to such terms and conditions as the Court in seisin over the matter would be fixed and proper in facts and circumstances in the present case. It is further directed, that while imposing conditions the learned court shall also impose an addition condition whereby the Petitioner shall be asked not to harass, threaten and terrorise the victim or family member in any manner whatsoever and shall cooperate with the investigation and shall appear before the I.O. when required. Violation of such conditions shall entail cancellation of the bail application.

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Accordingly, the ABLAPL is disposed of.

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Issue urgent certified copy of this order as per Rules.

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Anil

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( A.K. Mohapatra )
Judge

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Sep-2023 17:31:21

Surya Jyoti Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

Surya Jyoti Dash 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

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