The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.343 of 2024 (In the matter of an appeal under Section 401 of the Criminal Procedure code, 1973 read with Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015) …. Dipu Mahanta Petitioner -versus- State of Odisha …. Opposite Party Appeared in this case:- For Petitioner For Opposite Party : : Appeared in this case:- CORAM: JUSTICE A.C. BEHERA
Legal Reasoning
Mr. R.D. Nayak, Advocate Ms. Samapika Mishra, Learned Additional Standing Counsel JUDGMENT Date of hearing : 23.10.2024 / date of judgment : 28.10.2024 A.C. Behera, J. This revision has been filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (in short the „J.J.(C&P) Act, 2015‟) by the CICL being the petitioner challenging the dismissal order of the criminal appeal vide Criminal Appeal No.05 of 2024 passed on dated 17.05.2024 by the learned Additional Sessions Judge-cum-Children‟s Court, Keonjhar confirming the order of rejection Page 1 of 9 of bail of the CICL (petitioner in this revision) passed on dated 18.04.2024 by the Juvenile Justice Board, Keonjhar in JJC Case No.30 of 2024 arising out of Jhumpura P.S. Case No.104 of 2024. 2. The factual backgrounds of this revision under Section 102 of the J.J.(C&P) Act, 2015, which prompted the CICL (petitioner) for filing of the same is that, the petitioner (CICL) was brought before the Juvenile Justice Board, Keonjhar alleging an incident against him(CICL) that, he (CICL) along with others having more than five in numbers on 12.04.2024 at about 8.00 P.M. at Chingudiposi Chhack under the jurisdiction of Jhumpura Police Station in the district of Keonjhar forcibly took away a cash of Rs.1,000/-(rupees one thousand) from the driver of the Truck bearing Registration No.OD-09-V-1020, for which, the driver of the said Truck informed that matter in writing before the Jhumpura Police Station and on the basis of such written report, the police registered Jhumpura P.S. Case No.104 of 2024 under Section 395 of the I.P.C., 1860 and proceeded with the said matter and brought the CICL and produced him before the Juvenile Justice Board, Keonjhar stating his involvement with that incident, but, the Juvenile Justice Board, Keonjhar sent the CICL to the observation Home, Rourkela after rejecting his prayer for bail assigning the reasons that, if he(CICL) will be released on bail, then, the same will bring him in association with Page 2 of 9 known criminals and will expose him to moral and psychological danger and as per the nature and gravity of the allegations, the same would defeat the ends of justice. 3. For which, he (CICL) challenged the said order of rejection of his bail passed on 18.04.2024 by the Juvenile Justice Board in J.J.C. Case No.30 of 2024 by preferring an appeal under Section 101 of the J.J. (C&P) Act, 2015 before the learned Additional Sessions Judge-cum- Children‟s Court, Keonjhar being an appellant vide Criminal Appeal No.05 of 2024. 4. The learned appellate court dismissed that Criminal Appeal No.05 of 2024 of the CICL on dated 17.05.2024 confirming the order of rejection of his bail passed by the Juvenile Justice Board, Keonjhar assigning the same reasons like Juvenile Justice Board, Keonjhar, i.e., in case of release of the CICL on bail, the same will bring him in association with known criminals and will expose him to moral, physical and psychological danger and as the nature of allegations alleged against him are grave in nature, for which, his release on bail will defeat the ends of justice. 5. So, the CICL filed this revision under Section 102 of the J.J. (C&P) Act, 2015 being the petitioner challenging the above dismissal Page 3 of 9 order dated 17.05.2024 passed in Criminal Appeal No.05 of 2024 by the learned Additional Sessions Judge-cum-Children‟s Court, Keonjhar. 6. I have already heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the State(Opposite Party) only, as, the so-called aggrieved person of the alleged incident did not choose to participate in the hearing of this revision in spite of receiving the notice for the same through the learned Additional Standing Counsel for the State(Opposite Party). 7. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the CICL is prosecuting his study in Class-VIII, in his nearest Nodal U.P. School and the same has been specifically indicated in the revision petition, for which, his prayer for bail should not have been refused by the Juvenile Justice Board, Keonjhar as well as by the learned appellate court, to which, learned Additional Standing Counsel objected contending in support of the reasons assigned above by the Juvenile Justice Board as well as the learned appellate court for the refusal of the bail of the CICL(petitioner). As per the provisions of law envisaged in the proviso of Sub- section(1) of Section 12 of the J.J.(C&P) Act, 2015, the CICL can be denied with the privilege of bail, only if, the court is of the opinion that, Page 4 of 9 (i) (ii) there appears reasonable grounds for believing that, the release of CICL on bail shall bring him into association with any known criminal or shall expose him to moral, physical and psychological danger or that his such release would defeat the ends of justice and 8. The necessary essentials/materials indicated above in (i) and (ii) of the proviso of Sub-section(1) of Section 12 of J.J.(C&P) Act, 2015 must be there in the record to make out any of the above grounds out of two, which may persuade the court not to release the CICL on bail. 9. As per the J.J.(C&P) Act, 2015, the nature and gravity of allegations alleged against the CICL has no significance for consideration of bail. So, the CICL has to be released on bail irrespective of the nature and gravity of the allegations alleged against him/her. The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted to reform the child. The solemn purpose/object of the J.J.(C&P) Act, 2015 is to achieve betterment of the child including CICL. It has a reformative approach. If it is found that, the ends of justice would be benefited or the, goal desire of the legislation can be achieved by detaining a CICL in a Juvenile Home, only in that case, bail of the CICL can be denied. 10. Therefore, as per the mandate of the provisions of Section 12 of the J.J.(C&P) Act, 2015, a CICL has to be released on bail, irrespective Page 5 of 9 of the nature of allegations, because, bail for the CICL is the rule and refusal is an exception. The right of privilege of bail of the CICL can be denied, only on the basis of sufficient materials with firm reasons for the same that, the enlargement of bail of CICL shall be detrimental to the interest of the CICL or his refusal of bail would benefit the ends of justice. 11. On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts and Apex Court in the ratio of the following decisions :- (i) (ii) 2020(2) OJR-73(S.C.) : Exploitation of Children in Orphanages in the State of Tamil Nadu vrs. Union of India and others— J.J.(C&P) Act, 2015— Sections 10 & 12—Bail—The only embargo created for bail of the CICL is that, (i) in case the release of the child is likely bring into association with known criminals or (ii) expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice. 2016(1) CLT Crl. (Supp.)-Criminal-17 : Pankaj Kumar Malik vrs. State of Odisha— J.J.(C&P) Act, 2015—Sections 12 & 53—Bail—Release on bail of the CICL is a rule, but refusal is an exception, which can only be done in the existence of circumstances detrimental to the interest of the CICL or if the same would defeat the ends of justice—Heinousness and seriousness of an offence has got nothing to do in consideration of the prayer for bail. (iii) 2016(4) Crime-78(Madras) : Vigneshwaran @ Vignesh Ram vrs. State— J.J.(C&P) Act, 2015— Section 12—Bail—So juveniles are far as Page 6 of 9 concerned, grant of bail is the rule and non-grant of bail is only an exception.(Para-7) (iv) 2016(4) Crime-188(Allahabad): Amit Yadav Alias Monu Alias Bebo vrs. State of U.P.. and Anr.— J.J.(C&P) Act, 2000—Section 12—Bail—If there are no imminent chances of his repeating the crime, bail to a juvenile should not be ordinarily refused. (v) 2009 Cr.L.J. : A Juvenile vrs. State of Orissa 2002(Orisa) “A Juvenile needs parental protection and guidance to bring him back to the main-stream of the society from which he has strayed. Thus, his release on bail would aid the ends of justice rather than defeat it.” 12. Here, in this matter at hand, the bail of the CICL(petitioner) has been refused by the Juvenile Justice Board as well as by the learned appellate court assigning the same reasons, i.e.,- “if he(CICL) will be released on bail, it will bring him in association with known criminals and it would expose him to moral, physical and psychological danger and according to the nature and gravity of the allegations, the release of the CICL on bail would defeat the ends of justice, because, it reveals from the social investigation report that, the causative factors is peer group influence and his bad association.” 13. When, the social investigation report does not show that, the CICL(petitioner) has been subjected to any form of abuse or was a victim of any similar incident earlier or he was with any bad association earlier, rather, as per the submissions on behalf of the CICL on the basis of the revision petition, he(CICL) is interested in prosecuting his study in the Page 7 of 9 school, in which, he is reading now in Class-VIII and when, the social investigation report does not reveal about any imminent chances in repeating the similar nature of incident by the CICL and when, there is no reasonable apprehension of his fleeing away from the process of justice after his release on bail and when the father-guardian of the CICL(petitioner) has filed an affidavit in this revision that, he is looking after the CICL being his natural guardian, then at this juncture, the impugned orders concerning the rejection of bail of the CICL passed by the Juvenile Justice Board, Keonjhar in J.J.C. Case No.30 of 2024 and by the learned appellate court in Criminal Appeal No.05 of 2024 merely on the basis of presumption and inference/guess work without any substance/basis as discussed above cannot be sustainable under law. For which, there is justification under law, for making interference with the same through this revision filed by the CICL(petitioner). As such, there is merit in this revision filed by the petitioner (CICL). The same must succeed. 14. In result, the revision filed by the CICL(petitioner) is allowed on merit. The impugned order dated 18.04.2024 passed by the Juvenile Justice Board, Keonjhar in J.J.C. Case No.30 of 2024 and the impugned Page 8 of 9 judgment dated 17.05.2024 passed in Criminal Appeal No.05 of 2024 by the learned Additional Sessions Judge-cum-Children‟s Court, Keonjhar are set aside. 15. The prayer for bail of the CICL(petitioner) in J.J.C. Case No.30 of 2024 is allowed. 16. The learned P.M., Juvenile Justice Board, Keonjhar is directed to release the CICL(petitioner) on bail in J.J. Case No.30 of 2024 with required bail bond or bail bonds imposing lawful conditions as it deems fit and proper with a compulsory condition that:- The father-natural guardian of the CICL shall furnish an undertaking that, he will not allow the CICL in contact with his any bad association and the CICL shall not indulge with any unlawful/illegal activities. to come
Decision
17. Accordingly, this criminal revision is disposed of finally. Registry is directed to transmit the copies of this judgment to the appellate court in reference to Criminal Appeal No.05. of 2024 as well as Juvenile Justice Board, Keonjhar in reference to J.J.C. Case No.30 of 2024 forthwith for information and lawful actions/compliances on the basis of this judgment. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 28-Oct-2024 12:12:42 ( A.C. Behera ) Judge Orissa High Court, Cuttack The 28th of October, 2024/ Jagabandhu, P.A. Page 9 of 9