Mahammad Raja Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Mahammad Raja Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail under S.482 B.N.S.S. held not maintainable; instead, directions issued for surrender before the learned Sessions Judge-cum-Special Judge, Baripada on or before 05.03.2025, advance notice to the Public Prosecutor for victim notice, availability of case diary, same-day disposal of the regular bail application, and protection from arrest till the date of surrender.

Issue for consideration

Whether an anticipatory bail application under Section 482 of B.N.S.S. is maintainable in a case involving an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. +1 more

Court's answer

In view of the bar contained under Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, an application under Section 482 of B.N.S.S. is not maintainable, and the provisions of Section 482 B.N.S.S. do not apply to a case registered involving an offence under that Act.

Ratio / Principle

Following the principle in Pramod Kumar Ray (supra), the petitioner was directed to surrender before the learned Sessions Judge-cum-Special Judge, Baripada, Mayurbhanj in C.T. Case No.85 of 2024 (arising out of Baripada Town P.S. Case No.795 of 2024) on or before 05.03.2025.

Key takeaways

Seven days before surrender, the petitioner's counsel must serve a copy (or such number of copies as required) of the bail application on the learned Public Prosecutor/Special Public Prosecutor for notice 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, and that court is directed to consider the petitioner's case in accordance with law and dispose of the bail application on the very same day.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — Application under S.482 B.N.S.S. held not maintainable where the registered case involves an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, owing to the bar under Ss.18 and 18-A of that Act — Reliance placed on Pramod Kumar Ray and others vrs. State of Odisha, (2017) 67 OCR 309 — Petitioner (alleged offences under Ss.126(2)/109/296/324(4)/351(2) B.N.S., S.25 Arms Act and S.3(1)(r) SC/ST (PoA) Act) directed to surrender before the learned Sessions Judge-cum-Special Judge, Baripada, Mayurbhanj in C.T. Case No.85 of 2024 (arising out of Baripada Town P.S. Case No.795 of 2024) on or before 05.03.2025 — Copies of the bail application to be served on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the victim — Court in seisin directed to make available the case diary and dispose of the bail application on the same day — Petitioner not to be arrested till the date of surrender — ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1008 of 2025

Mahammad Raja ..... Petitioner

Represented By Adv. - Anupam Dash

-versus-

1) State Of Odisha ..... Opposite Parties 2) Manoranjan Hembram Represented By Adv. – A. Pati, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.02.2025

Order No.

This matter is taken up through Hybrid mode.

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

The present application has been filed under Section 482 of B.N.S.S. for releasing the Petitioner on anticipatory bail for alleged commission of offences under Sections 126(2)/109/296/324(4)/ 351(2) of B.N.S. read with Section 25 of Arms Act and Section 3(1)(r) of SC and ST (PoA) Act. 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 u/s 482 of B.N.S.S. is not maintainable. The

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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.

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.

The Petitioner shall surrender before the learned Sessions Judge-cum-Special Judge, Baripada, Mayurbhanj, in C.T. Case No.85 of 2024, arising out of Baripada Town P.S. Case No.795 of 2024 on or before 05.03.2025. 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.

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.

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Anil

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

(Aditya Kumar Mohapatra) Judge

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Signature Not Verified

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Feb-2025 11:30:01