SK ABDUL SAHID @ SHAKH BUTA v. STATE OF ODISHA
Court: High Court of Orissa
Bench: MR. JUSTICE ADITYA KUMAR MOHAPATRA
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-09-05. SK ABDUL SAHID @ SHAKH BUTA v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9556 of 2024 Sk Abdul Sahid @ Shakh ..... Petitioner Buta Represented By Adv. - Haraprasad Panda -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Samresh Jena, A. S. C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER Order No. 05. 04. 2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State. 3. The present application has been filed under Section 482 of B. N. S. S for releasing the Petitioner on anticipatory bail. In view of the bar under Section 18 & 18-A of the S. C. & S. T. Act, the present application under Section 482 of B. N. S. S is not maintainable. The provision of Section 482 of B. N. S. S is not applicable to the case registered involving an offence under the S. C. & S. T. Act. 4.
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 Page 1 of 2. application is being disposed of with the following observations. 5. The Petitioner shall surrender before the learned District and Session Judge, Jajpur in connection with Dharmasala P. S Case No. 616 of 2024 corresponding to C. T (SPL) Case No- 137 of 2024. Seven days before the Petitioner surrenders before the said Court, he or 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. 6.
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. 7. The ABLAPL is accordingly disposed of. 8. Issue urgent certified copy as per Rules. Rubi ( A. K. Mohapatra ) Judge Signature Not Verified Page 2 of 2. Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Sep-2024 19:10:40
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