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2021 DIGILAW 461 (ORI)

Harihara Jena v. State Of Odisha

2021-11-09

S.PUJAHARI

body2021
ORDER 1. This matter is taken up through Hybrid mode. 2. The Petitioners apprehending their arrest in Basudebpur P.S. Case No.283 of 2021, corresponding to Special Case No.116 of 2021, pending in the Court of learned District & Sessions Judge-cum-Special Court, Bhadrak, registered for alleged commission of offences punishable under Sections 341, 294, 323, 379, 506, 34 of I.P.C., read with Sections 3(1)(r)(s) and 3(2)(va) of SC & ST (PoA) Act, have filed this petition for their release on pre-arrest bail. 3. Heard the learned counsel for the Petitioners and the learned counsel for the State. 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 Petitioners. 5. However, if so advised, the Petitioners 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 his response on the bail application of the Petitioners 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 Petitioners furnish the proof to the court concerned regarding such notice, the court shall consider and dispose of their 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 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 Petitioners. 7. With the aforesaid order, this ABLAPL stands disposed of. 8. Urgent certified copy of this order be granted on proper application.