Kalim Beig Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Kalim Beig Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Interim protection from arrest till the stipulated date of surrender; Petitioner directed to surrender before the Sessions Judge-cum-Judge (Special Court), Sambalpur, with seven-day advance service of the bail application on the Public Prosecutor/Special Public Prosecutor for notice to the victim, case diary to be made available by the surrender date, and the bail application to be considered and disposed of the same day by the Court in seisin.

Issue for consideration

Whether an application under Section 438 Cr.P.C. for anticipatory bail is maintainable where the underlying case involves offences under the ST & SC (POA) Act read with IPC provisions. +1 more

Court's answer

The application under Section 438 Cr.P.C. is not maintainable; the provision of Section 438 Cr.P.C. is not applicable to a case registered involving an offence under the S.C. & S.T. (ST & SC POA) Act.

Ratio / Principle

In light of the principle laid down by this Court in Pramod Kumar Ray (supra), the bail application is disposed of with directions rather than being granted or refused outright.

Key takeaways

The Petitioner is directed to surrender before the learned Sessions Judge-cum-Judge (Special Court), Sambalpur in connection with Dhanupali P.S Case No.230 of 2024 (Spl. G.R Case No.17 of 2024).ratio¶19
Seven days before surrender, the Petitioner or his counsel must serve copy/copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, so that notice can be given to the victim or his/her counsel or dependent.ratio¶19
On advance intimation, the case diary and other relevant materials are to be made available to the Court in seisin over the matter by the date of surrender.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — BAR WHERE OFFENCE UNDER ST & SC (POA) ACT: Application under S.438 Cr.P.C. by Kalim Beig (ABLAPL No.7171 of 2024) held not maintainable, the case (Dhanupali P.S Case No.230 of 2024; Spl. G.R Case No.17 of 2024, Sambalpur) involving offences under Ss.3(l)(r), 3(l)(s), 3(2)(va) ST & SC POA Act read with IPC provisions; Section 438 Cr.P.C. declared not applicable to cases registered under the S.C. & S.T. Act. Following the principle laid down in Pramod Kumar Ray and others-vrs.-State of Odisha, (2017) 67 OCR 309, the ABLAPL was disposed of with directions: surrender before the Sessions Judge-cum-Judge (Special Court), Sambalpur; seven days' advance service of the bail application on the Public Prosecutor/Special Public Prosecutor for notice to the victim; case diary to be made available by the surrender date; the Special Court to consider and dispose of the bail application the very same day; and no arrest of the Petitioner till surrender.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7171 of 2024

Kalim Beig

..... Petitioner

Represented By Adv. - Laxminarayan Patel

-versus-

1) State Of Odisha ..... Opposite Parties

Kanchan Lohar @ Kanchan Luha

Represented By Adv. – M.K.Mohanty, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

23.07.2024

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

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State.

The present application has been filed under Section 438 Cr.P.C. for releasing the Petitioner on anticipatory bail. In view of the bar under Section 34l/294/323/354/34of I.P.C. read with Sections 3(l)(r)/ 3(l)(s)/ 3(2)(va) ST & SC POA Act, the present application under Section 438 Cr.P.C. is not maintainable. The provision of Section 438 Cr.P.C. is not applicable to the case registered involving an offence under the S.C. & S.T. Act.

Further, this Court has also elaborately discussed the issue in the case of Pramod Kumar Ray and others-vrs.-State of Odisha, reported in (2017) 67 OCR 309. In the light of the principle laid down by this Court in Pramod Kumar Ray (supra), the present bail application is being disposed of with the following observations.

Page 1 of 2.

The Petitioner shall surrender before the learned Sessions Judge-cum-Judge (Special Court), Sambalpur in connection with Dhanupali P.S Case No.230 of 2024 corresponding to Spl. G.R Case No.17 of 2024. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her counsel or dependent.

Further, it is directed that on advance intimation the case diary and other relevant materials be made available to the Court in seisin over the matter by the date of surrender. The learned Court in seisin over the matter is further directed to consider the case of the Petitioner in accordance with law and shall dispose of the bail application on the very same day.

Till the date of surrender of the Petitioner as stipulated in this order, the Petitioner shall not be arrested in connection with the aforesaid case.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

Rubi

( A.K. Mohapatra )

Judge

Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 25-Jul-2024 15:04:54