Dismissed

Arabinda Barik v. State of Odisha

Orissa HC20 Sept 2024ABLAPL/9998/2024

Case brief

AI extract

What is this about?

The High Court held that a Section 482 application for anticipatory bail is not maintainable in offences under the SC/ST Act due to statutory bars. Despite non-maintainability, the Court directed non-arrest until surrender and specified procedural steps for the Special Court.

What did the court decide?

Petitioner directed not to be arrested; directed to surrender before Special Court; specified procedure for funding case diary.

Arabinda Barik Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.9998 of 2024

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Arabinda Barik

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..... Petitioner

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Represented By Adv. – Mr. Bishnu Brata Singh

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. –

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Mr. M.R. Mishra, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

20.09.2024

Order No.

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

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Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State-Opposite Party. Perused the records.

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The present application has been filed under Section 482 of B.N.S.S., 2023 for releasing the Petitioner on anticipatory bail for alleged commission of offences under Sections 3(l)(r)(s)/ 3(2)(va) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 read with Sections 115(2)/296/351(2) of B.N.S., 2023. However, in view of the bar contained under Sections 18 as well as 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the present application under Section 482

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of Cr.P.C. is not maintainable. The provisions of Section 482 of B.N.S.S. is not applicable to the case registered involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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.

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The Petitioner shall surrender before the learned Special Court, Balasore in Special Case No.47 of 2024, arising out of Balasore Singla P.S. Case No.141 of 2024 on or before 07.10.2024. Seven days before the Petitioner surrenders before the said Court, 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.

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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.

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