Raghunath Patra Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Raghunath Patra Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

No anticipatory bail granted. Application disposed of with directions: petitioner to surrender within three weeks before the Special Judge, SC & ST, Balasore (Special No.78 of 2023); bail application copy to be served on PP/Special PP for victim notice; Case Diary to be furnished on advance intimation; Special Court to decide the bail application the same day on merits, with discretion (not routine) to grant interim protection, weighing gravity of offences and severity of punishment.

Issue for consideration

Whether the anticipatory bail application under S.438 Cr.P.C. is maintainable notwithstanding the bar under Ss.18 and 18-A of the SC & ST (POA) Act, and whether prima facie material exists against the petitioner in the offences under the Special statute.

Court's answer

The application under S.438 Cr.P.C. for anticipatory bail is not maintainable in view of the bar under Ss.18 and 18-A of the SC & ST (PA) Act.

Ratio / Principle

Applying the Apex Court dictum in Prithvi Raj Chauhan, this Court examined the matter and found prima facie material in the offences under the Special statute.

Key takeaways

If the petitioner surrenders within three weeks before the learned Special Judge, SC & ST, Balasore in Special No.78 of 2023 (arising out of Baliapal P.S Case No.211 of 2023), he shall serve a copy of the bail application on the learned PP/Special PP for notice to the victim or his/her counsel or dependent.ratio¶¶16
On advance intimation, the Case Diary and other relevant materials shall be made available to the concerned court by the date of surrender.ratio¶¶17

Detailed headnote1 paragraphs

Orissa High Court (Chittaranjan Dash, J.), ABLAPL No. 2955 of 2024 (Raghunath Patra v. State of Odisha), order dated 06.04.2024: An anticipatory bail application under S.438 Cr.P.C. by a person allegedly involved in offences under Ss.341/323/294/506/34 IPC r/w Ss.3(1)(r)/3(1)(s)/3(2)(va) SC & ST (POA) Act was held NOT MAINTAINABLE in view of the bar under Ss.18 and 18-A of the SC & ST (POA) Act; applying the Apex Court dictum in Prithvi Raj Chauhan v. Union of India, (2020) 1 OLR SC 419, the Court found prima facie material in the offences under the Special statute (earlier view in Pramod Kumar Ray v. State of Orissa, (2017) 67 OCR 309, referred). Disposing of the application, the Court directed: (i) surrender by the petitioner within three weeks before the Special Judge, SC & ST, Balasore in Special No.78 of 2023 (ex Baliapal P.S Case No.211 of 2023) with service of the bail application copy on the PP/Special PP for notice to the victim/his counsel/dependents; (ii) availability of the Case Diary on advance intimation by the date of surrender; (iii) same-day disposal of the bail application by that Court strictly on its own merits, with interim protection permissible in appropriate cases upon its satisfaction and not as a routine; and (iv) exercise of wisdom allowing/rejecting with regard to gravity of offences and severity of punishment.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2955 of 2024

Raghunath Patra …. Petitioner Mr. A.R. Panda., Advocate

-versus-

State of Odisha

…. Opp. Party Mr. M.K. Mohanty, ASC

CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No. 06.04.2024

1. Heard learned counsel for the Petitioner and the State.

This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in anticipation of arrest for his alleged involvement in the offences U/s.341/323/294/506/34 of IPC R/w. Sections. 3(1)(r)/ 3(1)( (s)/3(2)(va) of SC & ST (POA) Act.

In view of the bar under Sections 18 and 18-A of the SC & ST (PA) Act, the present application under Section 438, Cr.P.C. is not maintainable. In view of the dictum issued by the Apex Court in the matter of Prithvi Raj Chauhan v. Union of India and Others, reported in (2020) 1 OLR SC 419 this Court examined the case in hand but found prima facie material in the offences under the Special statute.

Further, this Court earlier in Pramod Kumar Ray and others v. State of Orissa, reported in (2017) 67 OCR 309, has examined the issue . Hence, the present application is disposed of with the following observation:-

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(i) In the event the Petitioner surrenders before the learned Special Judge, SC & ST., Balasore relating to Special No.78 of 2023 arising out of Baliapal P.S Case No.211 of 2023 within three weeks from today, before the court in seisin over the matter, the Petitioner shall serve copy of the bail application on the learned PP/Special PP as required by him for the purpose of notice to the victim or his/her counsel or dependent.

(ii) It is further directed that, on advance intimation, the Case Diary and other relevant materials be made available to the concerned court by the date of surrender.

(iii) The learned Court is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the application on the very same day itself, strictly on its own merit. In the circumstance, the Court is not precluded from granting any interim protection to the Petitioner in appropriate case, keeping in view the facts and circumstances of the case, upon his satisfaction and not in routine manner.

The court shall apply its wisdom in allowing or rejecting application keeping in view the gravity of offences and severity of punishment.

The ABLAPL is disposed of accordingly.

( Chittaranjan Dash )

Judge

Signature Not Verified Bijay

Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 08-Apr-2024 19:42:46

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