SARAT NAYAK AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD .

(2.) IN this application under Section 438, Code of Criminal Procedure Petitioners pray for bail in G.R. Case No. 355/99 of the Court of J.M.F.C., Soro arising out of Simulia P.S. Case No. 110/99. As stated by the learned Counsel for the Petitioner, Petitioners have been implicated for the alleged offence under Sections 341, 323, 294/34, I.P.C. read with Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short,' Act 1989').

(3.) THE alleged offences, as learned Counsel for the Petitioners states, are under Sections 341,323 and 294, I.P.C. All such offences are bailable in nature. An application under Section 438, Code of Criminal Procedure is entertainable if the offence involved is non -bailable in nature. Under the given circumstance Petitioners' prayer for anticipatory bail is not maintainable. So far as the offence under Section 3 of' Act 1989' is concerned, in view of the provision in Section 18 of that Act, an anticipatory bail application is not maintainable. Thus, judging from any angle Petitioners' prayer for anticipatory bail is not meritorious. Accordingly, application under Section 438, Code of Criminal Procedure stands rejected.