Orissa High Court
Krushna Chandra Nanda vs State Of Odisha. ... Opp. Party on 6 April, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.3850 of 2021
Krushna Chandra Nanda. ... Petitioner.
- Versus -
State of Odisha. ... Opp. Party.
CORAM: HON'BLE SHRI JUSTICE S.PUJAHARI
ORDER
02. 06.04.2021 This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Talabania P.S. Case No.19 of 2021 corresponding to Spl. G.R. Case No.20 of 2021 pending in the court of Sessions Court, Puri, registered for alleged commission of offences punishable under Sections 448, 294, 354, 506 of I.P.C read with Sections 3(1)(r)/3(1)(s)/2(va) of SC & ST (PoA) Act has filed this petition for his release on pre-arrest bail.
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.
However, if so advised, the petitioner may surrender and move for bail before the court in seisin 2 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 him to intimate the same to the victim or dependant of the victim, as the case may be, to have his 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 in its own merit even in the absence of the victim or dependant of the victim, as the case may be. 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 materials thereon be made available to the Court concerned by the Investigating Officer on the date of consideration of the prayer for bail.
However, the aforesaid liberty of surrender should not be construed as any protection from arrest given to the petitioner.
With the aforesaid order, this ABLAPL stands disposed of.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the 3 parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.
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S.Pujahari, J.
MRS/SKB