Jitendra Kumar Sahoo Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

Jitendra Kumar Sahoo Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to surrender before the learned court below within two weeks, with copies of the bail application served on the learned Special Public Prosecutor seven days before surrender for notice to the victim; upon surrender, release on interim bail by the learned court below on such duration and terms as it deems fit; bail application to be finally disposed of within two weeks from the date of appearance of the victim.

Issue for consideration

Whether an application for anticipatory bail is maintainable where allegations under Section 3 of the SC & ST (POA) Act have been made along with IPC offences in the F.I.R. +1 more

Court's answer

Following the order of this Court in Pramod Kumar Ray and others v. State of Odisha, (2017) 16 OCR 309, the ABLAPL is disposed of directing the petitioner to surrender before the learned court below within two weeks, and to cause copies of the bail application to be served on the learned Special Public Prosecutor seven days before surrender for notice to the victim.

Ratio / Principle

Since the F.I.R. alleges offences under Section 3 of the S.C. and S.T. Act along with offences under the IPC, the application for anticipatory bail is ordinarily not maintainable.

Key takeaways

On surrender as directed, the petitioner shall be released on interim bail by the learned court below for such duration and on such terms and conditions as it deems fit and proper to impose.ratio¶13
The bail application shall be finally disposed of by the learned Court below within two weeks from the date of appearance of the victim.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail — Allegations under Section 3 of the S.C. and S.T. Act (SC & ST (POA) Act) made along with IPC offences in the F.I.R. — application for anticipatory bail held ordinarily not maintainable — Following the Court's own order in Pramod Kumar Ray and others v. State of Odisha, (2017) 16 OCR 309, ABLAPL disposed of with directions: petitioner to surrender before the learned Special Judge, SC/ST(POA), Cuttack (C.T. Case No. 144 of 2023 arising out of Salipur P.S. Case No. 186 of 2023) within two weeks; copies of bail application to be served on the learned Special Public Prosecutor seven days before surrender for notice to the victim; on surrender, release on interim bail on such duration and conditions as the court below deems fit; bail application to be finally disposed of within two weeks from the victim's appearance.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 629 of 2024

Jitendra Kumar …. Petitioner Sahoo Mr. S.Hota Advocate -Versus - State of Odisha …. Opposite Party Additional Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_ 01.02.2024

Order No. 01.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing counsel for the State.

The petitioner is apprehending arrest in connection with Salipur P.S. Case No. 186 of 2023 corresponding to C.T. Case No. 144 of 2023 pending in the court of the learned Special Judge, under SC/ST(POA), Cuttack for the alleged commission of offence under Section 420 of IPC and read with Section 3(1)(r )/3(1)(s)/3(2)(va) of SC & ST (POA) Act.

It is noticed that the allegations under Section 3 of the S.C. and S.T. Act have been made along with offences under the IPC in the F.I.R. As such, the application for anticipatory bail is ordinarily not maintainable.

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In view of the order passed by this Court in the case of Pramod Kumar Ray and others v. State of Odisha , reported in (2017) 16 OCR 309, the ABLAPL is disposed of directing the petitioner to surrender before the learned court below in the aforesaid case within two weeks from today. It is further directed that seven days before such surrender, the petitioner shall cause required copies of the bail application to be served on learned special Public Prosecutor for serving notice on the victim.

In the event of surrender of the petitioner as aforesaid, he shall be released on interim bail, by learned court below for such duration and on such terms and conditions as it may deem fit and proper to impose.

The bail application shall be finally disposed of by learned Court below within two weeks from the date of appearance of the victim.

Urgent certified copy of this order be granted on proper application.

( Sashikanta Mishra) Judge

deepak

Signature Not Verified

Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 02-Feb-2024 18:05:14

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