Orissa High Court
Puja Nayak @ Mama Nayak vs State Of Odisha .... Opposite Party on 26 July, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8602 of 2021
Puja Nayak @ Mama Nayak .... Petitioner
-versus-
State of Odisha .... Opposite Party
CORAM: JUSTICE S.PUJAHARI
ORDER
26.07.2021 Order No.
01. 1. This matter is taken up by video conferencing mode.
2. The Petitioner apprehending his arrest in Laxmisagar P.S. Case No.140 of 2015, corresponding to C.T. Case No.2504 of 2015, pending in the court of S.D.J.M., Bhubaneswar, registered for alleged commission of offences punishable under Sections 147, 148, 341, 342, 323, 324, 325, 307, 336, 337, 354, 332, 294, 506 and 149 of I.P.C, Section 3 of the PDPP Act, Section 7 of Criminal Law Amendment Act and Section 3(1)(x)(2)(v) of S.C. & S.T. (PoA) Act, has filed this petition for his release on pre-arrest bail.
3. Heard the learned counsel for the Petitioner and the learned counsel for the State.
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4. In view of the prohibition under Section 18 of the S.C. & S.T. (PoA) Act, I am not inclined to grant pre-arrest bail to the Petitioner.
5. However, if so advised, the Petitioner may surrender and move for bail before the court in seisin over the matter in the aforesaid case giving ten clear days notice of such surrender to the I.I.C./I.O./P.P concerned in order to enable them to intimate the same to the informant to have their response on the bail application of the Petitioner by remaining present in the court in person or through counsel and also the I.O. to cause production of the case diary on the date of such surrender before the court concerned. Needless to say that on the date of surrender if the Petitioner furnishes the proof to the court concerned regarding such notice, the court shall consider and dispose of his prayer for bail in course of the day on its own merit even in the absence of the informant. It is made clear that this Court has expressed no opinion on the merit of the bail application in any manner. The up-to-date case diary and the injury report be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail.
6. However, the aforesaid liberty of surrender should not be construed as any protection from arrest given to the Petitioner.
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7. With the aforesaid order, this ABLAPL stands disposed of.
8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.
(S. Pujahari) Judge RKS/SKB Page 3 of 3