The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.270 of 2022 Abhimanyu Pradhan …. Appellant State of Odisha Dr. Janmejaya Ray, Adv. -versus- …. Respondent Mr. D. Mund, AGA CORAM: MR. JUSTICE S.K. PANIGRAHI Order No. ORDER 09.05.2023 5. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the appellant and learned counsel for the State. 3. This criminal appeal has been filed by the appellant challenging the order dated 08.12.2021 passed by the learned Additional District and Sessions Judge, Angul in C.T.(S) Case No.11 of 2018 arising out of Handapa P.S. Case No.142 of 2018 registered under Section 302/201/34 of the Indian Penal Code, 1860 (hereinafter referred to as “the I.P.C.” for brevity) read with Section 25/34 of the Arms Act rejecting the prayer of the appellant to release him on bail in exercise of power under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘the Act’ for brevity). Page 1 of 8 // 2 // 4. The case of the prosecution is that one Jambeswar Pradhan lodged a F.I.R. on 25.09.2018 alleging that around 9 A.M. on the same date, he went to nearby forest for grazing of cattle. On his absence, at about 10 A.M., one Madan Mohan Pradhan and his two sons, namely, Abhimanyu Pradhan and Akshaya Pradhan forcibly entered into his house and dragged his wife out of the house and tied her to an electric pole. It was further alleged that the wife and mother of Madan Mohan Pradhan abused and assaulted her. Thereafter, as per the instigation made by other co-accused persons, the accused persons lapidated her and thereafter throw her dead body in a sack in the nearby forest. Based on the said information, the I.I.C., Handapa Police Station registered P.S. Case No.142 of 2018 for commission of offences under Sections 302/34, I.P.C. read with Section 25(a) of the Arms Act. 5. As it appears from the materials available on record, the appellant being the child in conflict with law (hereinafter referred to as “the CCL”) was arrested on 27.09.2018. The CCL was forwarded to the observation home. The investigating agency, after completion of investigation, submitted charge sheet on 05.12.2018 against the CCL and other five co-accused persons for Page 2 of 8 // 3 // commission of offences under Sections 302/201/34 of the I.P.C. read with Section 25(a) of the Arms Act. After submission of charge sheet, the CCL filed a bail application under Section 12 of the Act before the Juvenile Justice Board. The Juvenile Justice Board rejected the application for bail of the CCL on the ground that the CCL had directly involved in the alleged occurrence. Thereafter, the CCL filed an application for bail before the learned Additional Sessions Judge, Angul in C.T.(s) Case No.11 of 2018. Learned Additional Sessions Judge, Angul vide the impugned order dated 08.12.2021 refused to grant bail to the CCL taking into account the nature and gravity of the offences. While rejecting the application for bail of the CCL, the learned Additional Sessions Judge, Angul has observed that the offences are serious in nature and trial of the case is yet to be completed. If he released on bail, he might abscond from the trial. Further, from the alleged crime and conduct of the CICL, it appears that the CICL being prompted, by other antisocial accused persons, had committed such type of offences. If at this stage, the CICL would be released on bail, there was every chance that he might come in contact with other antisocial which would Page 3 of 8 // 4 // expose him to moral and psychological danger. He needs to be under observation in the observation home. 6. Challenging the impugned order, learned counsel for the Appellant submits that such observations of the court below are baseless and without materials on record. The CCL committed the alleged crime, though heinous one, but without extending the benefit under Section 12 of the Act, the court below should not have refused the prayer for bail of the CCL. The court below has simply observed that if at this stage, the CICL would be released on bail, there was every chance that he might come in contact with other antisocial which would expose him to moral and psychological danger. In such circumstances, learned
Legal Reasoning
counsel for the Appellant submits that the CCL deserves to be released on bail. 7. Pursuant to the order dated 21.04.2023, learned counsel for the State files the Social Investigation Report of Child sent by the District Child Protection Officer, Angul in Court today. The same be kept on record. 8. It appears from the aforesaid report that the CCL has been provided inconstant support and observation home has not reported anything adverse against the CCL’s attitude and behaviour towards the staff and inmates. It is reported that his behaviour has been very cordial and Page 4 of 8 // 5 // affectionate. It is also ascertained from the District Child Protection Officer that the CCL is maintaining discipline in the institution and appears to be a discipline boy. He devoted his mind towards spiritual activities in order to maintain normal path of life. He is actively participating in the extracurricular activities. At present, he is at the door of mainstream of the society by erasing his worst past memories. 9. Section 12 of the Act mandates that a CCL is required to be released on bail unless there are reasonable grounds for believing that his release would bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Therefore, refusal of bail to a CCL can be made on the existence of circumstances detrimental to his/ her interest or if the same shall defeat the ends of justice. Materials must be there in the record to substantiate the refusal on the aforesaid ground. The same can be visualized from Section 12 of the Act which reads as follows: “Bail to a person who is apparently a child alleged to be in conflict with law.- (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person Page 5 of 8 // 6 // shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub- section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a board. (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfill the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.” 10. From the impugned order, it appears that while rejecting the prayer made by the Appellant, the learned Additional District and Sessions Judge, Angul has not Page 6 of 8 // 7 // taken into consideration the provisions of Section 12 of the Act. Therefore, rejection of prayer for bail of the CCL by the learned Additional District and Sessions Judge, Angul with the observation that if at this stage, the CICL would be released on bail, there was every chance that he might come in contact with other antisocial which would expose him to moral and psychological danger, is without any justifiable material in this regard. The learned Additional District and Sessions Judge, Angul without appreciating the materials in its proper perspective has refused the prayer for bail of the CCL. 11. From the aforesaid, it appears to this Court that the court below has exercised its jurisdiction vested on it with material irregularity, in as much as no justifiable material being there to refuse bail to the CCL, still the same was refused. Moreover, the District Child Protection Officer, Angul has made a positive report in favour of the CCL as stated supra. Hence, granting bail to the Appellant shall not create any problem. 12. Accordingly, this Court allows this CRLA and sets aside the impugned order passed by the court below. Consequently, the prayer made by the Appellant is allowed. The court in seisin over the matter is directed to release the Appellant on bail in the aforesaid case on such Page 7 of 8 // 8 // terms and conditions as he deems just and proper including the condition that the Appellant shall appear before the Investigating Officer once in a month i.e. on the last Monday of the month in between 1 P.M. to 2 P.M. and he shall not involve in any of the criminal activities during the period of bail. 13. The District Child Protection Officer, Angul shall also observe the behaviour of the Appellant and if any adverse behaviour is marked during the bail period, he is directed to approach the nearest Police Station immediately. The Investigating Officer is also directed to constantly monitor the activities of the Appellant during the bail period and report the behaviour of the Appellant towards the society to the Juvenile Justice Court. 14. With the aforesaid order, this CRLA stands disposed of being allowed. Judge ( S.K. Panigrahi) Amit AMIT KUMAR MOHANTY Digitally signed by AMIT KUMAR MOHANTY Date: 2023.05.11 18:13:21 +05'30' Page 8 of 8