The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.569 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) CICL(Child in Conflict with Law) -versus- State of Odisha and another …. …. Petitioner Opposite Parties Appeared in this case:- For Petitioner For Opposite Parties : : Appeared in this case:- CORAM: JUSTICE A.C. BEHERA
Legal Reasoning
Mr. J. Panda, Advocate Mr. G. Mohanty, Learned Standing Counsel Ms. Sonali Parida, Advocate for the Informant JUDGMENT Date of hearing : 20.11.2024 / date of judgment : 22.11.2024 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 No.10 of 2024 passed on dated 06.09.2024 by the learned Additional Sessions Judge-cum-Special Page 1 of 11 Judge(Children Court), Bhawanipatna confirming an order of rejection of bail of the CICL (petitioner in this revision) passed on dated 05.08.2024 by the Juvenile Justice Board, Kalahandi, Bhawanipatna in J.C.T. No.24 of 2024 arising out of Kegaon P.S. Case No.24 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, on dated 05.08.2024, the petitioner (CICL) was brought before the Juvenile Justice Board, Kalahandi, Bhawanipatna stating about the circumstances of his involvement with the minor victim, but, the Juvenile Justice Board, Kalahandi, Bhawnipatna sent the CICL(petitioner to the observation Home refusing his prayer for bail assigning the reasons that, “at this stage, releasing the CICL on bail may expose him moral, physical and psychological danger, for which, the Board is not inclined to release the CICL on bail.” 3. For which, he (CICL) challenged the said order of rejection of his bail preferring an appeal under Section 101 of the J.J. (C&P) Act, 2015 before the learned Additional Sessions Judge-cum-Special Judge(Children Court), Bhawanipatna being an appellant vide Criminal Appeal No.10 of 2024. Page 2 of 11 4. The learned appellate court dismissed that Criminal Appeal No.10 of 2024 of the CICL on dated 06.09.2024 confirming the order of rejection of his bail passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna assigning the same reasons like Juvenile Justice Board, Kalahandi, Bhawnipatna. 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 order of his Criminal Appeal No.10 of 2024 passed on dated 06.09.2024 by the learned Additional Sessions Judge-cum-Special Judge(Children Court), Bhawanipatna. 6. I have already heard from the learned counsel for the petitioner and the learned Standing Counsel for the State as well as learned counsel for the informer. Learned counsel for the petitioner relied upon the decision reported in 2021(II) ILR-CUT-458 : Debasis@ Tapas Khuntia vrs. State of Odisha. 7. During the course of hearing, the learned counsel for the petitioner(CICL) submitted that, the CICL is prosecuting his study, for which, his prayer for bail should not have been refused by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned Page 3 of 11 appellate court, to which, learned Additional Standing Counsel as well as learned counsel for the informer objected contending in support of the reasons assigned above by the Juvenile Justice Board as well as by the learned appellate court for the refusal of bail of the CICL(petitioner). As per the provisions of law envisaged in the proviso of Sub- section(1) to 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, (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 expose him shall to moral, physical or psychological danger or that his such release would defeat the ends of justice. 8. The necessary essentials indicated above in (i) and (ii) of the proviso of Sub-section(1) to 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 the matter has no significance for the consideration of bail of the CICL. So, the CICL has to be released on bail irrespective of the nature and gravity of the matter. Page 4 of 11 The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted to reform the child. As per Section 3(i) and (iv) of The J.J.(C&P) Act, 2015, all decisions regarding the child shall be passed for the “best interest” of the child(CICL) and to help the child to develop full potential presuming the CICL “to be an innocent.” Therefore, in all orders pertaining to a CICL has to be a reformative approach for no other reason, but, only for the promotion of the well-being of CICL. 10. According to 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 of the nature and gravity of the matter, 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 assigning clear and valid reasons regarding the applicability of the proviso to Section-12 of The J.J.(C&P) Act, 2015, otherwise not. 11. On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts and The Apex Court in the ratio of the following decisions :- Page 5 of 11 (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 concerned, grant of bail is the rule and non-grant of bail is only an exception.(Para-7) far as (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(Orissa) “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.” (vi) CRR 53 of 2021(O&M) (P&H) : Vishvas vrs. State of Punjab (dated on 08.02.2021) Para-16—J.J. (C&P) Act, 2015—Section 12—Bail—The social investigation would enable the Board to come to a Page 6 of 11 conclusion as to whether there are any grounds of denying bail as per the proviso to Section 12(1) of the J.J.(C&P) Act, 2015. Therefore, it is incumbent upon the J.J. Board to take into consideration the social investigation report and make an objective assessment of the reasonable grounds for rejecting the bail application of the juvenile. Because, the identify and to social in the child the circumstances of understand question, what may have led to the alleged incident. investigation report is 12. It is the mandate of Section 3 (viii) of The J.J.(C&P) Act, 2015 in administration of that Act that, “The Central Government, The State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of the J.J.(C&P) Act, 2015, shall be guided by the following fundamental principles, namely:- xx xx xx xx xx xx xx (i) xx xx (ii) xx (iii) xx (iv) xx vi) (vi) xx (vii) xx (viii) Principle of non-stigmatizing semantics-Adversarial or accusatory words are not to be used in the processes pertaining to a child. xx xx xx xx xx xx xx xx xx xx xx xx xx xx (ix) xx xx xx xx xx xx xx ” xx Page 7 of 11 13. In this revision at hand, the impugned orders passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned appellate court pertaining to the CICL(petitioner), those are under challenge in this revision are not free from the use of accusatory words, for which, the said orders are not inconformity with proper administration of The J.J.(C&P) Act, 2015. On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts in the ratio of the following decision:- 2021(2) Crimes 107(Patna) : Sumit Kumar vrs. State of Bihar—Any order relating to a juvenile passed by any court shall have no effect in eyes of law, if the same be passed in non-conformity with provisions of J.J.(C&P) Act, 2015.(Para-11) 14. Neither the Juvenile Justice Board, Kalahandi, Bhawanipatna nor the learned appellate court has referred or perused any social investigation report for ascertaining, whether, the release of the CICL on bail will bring him into association with any known unsocial person or will expose him to moral, physical or psychological danger or his release would defeat the ends of justice, for which, it is held that, the reasons assigned by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learned Additional Sessions Jude-cum-Special Judge(Children Court), Bhawanipatna in J.C.T. No.24 of 2024 and in Criminal Appeal No.10 of 2024 respectively for the refusal for bail of the CICL on Page 8 of 11 presumptions, surmises/inferences and guess works without any social investigation report cannot be sustainable under law. Because, the prayer for bail of CICL cannot be considered dehors(without) social investigation report. Therefore, the non-consideration of social investigation report has rendered the impugned orders as illegal. As such, the impugned orders passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna as well as by the learbed appellate court for the refusal of bail of the CICL(petitioner) are not sustainable under law for the following reasons:- (i) (ii) (iii) (iv) (v) the impugned orders have been passed using accusatory words pertaining to CICL in contravention with Section 3(viii) of The J.J.(C&P) Act, 2015. absence of any material to show that, the CICL was subjected to any form of abuse or was a victim of any similar situation earlier or was mixed with any bad associate earlier. absence of any material to show about any immediate chance in repeating the similar circumstance by the CICL. absence of any material to show about any possibility or chance of fleeing away from the process of justice, in case of release of the CICL on bail. passing of the impugned orders in contravention with law without any social investigation report and absence of any material to show that, the father-guardian of the CICL has any bad record rather, the father-guardian of the CICL has sworn through an affidavit that, he shall take proper care of the CICL being his natural father guardian after release of the CICL on bail. Page 9 of 11 So, for the above reasons, there is ample justification under law, for making interference with the impugned orders through this revision filed by the CICL(petitioner). Therefore, there is merit in this revision of the petitioner (CICL). The same must succeed. 15. In result, the revision filed by the CICL(petitioner) is allowed on merit. The impugned orders dated 05.08.2024 and 06.09.2024, respectively passed by the Juvenile Justice Board, Kalahandi, Bhawanipatna in J.C.T. No.24 of 2024 as well as by the learned Additional Sessions Judge-cum-Special Judge(Children Court), Bhawanipatna in Criminal Appeal No.10 of 2024 are set aside. 16. The prayer for bail of the CICL(petitioner) in J.C.T. No.24 of 2024 is allowed. 17. The Juvenile Justice Board, Kalahandi, Bhawanipatna is directed to release the CICL(petitioner) on bail in J.C.T. No.24 of 2024 with required bail bond or bail bonds imposing lawful conditions as it deems fit and proper with a compulsory condition that:- The natural father-guardian of the CICL shall furnish an care of his undertaking that, he will take Page 10 of 11 son(CICL/Petitioner) and he will not allow him(CICL) to mix with any bad associate.
Decision
18. 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.10 of 2024 as well as Juvenile Justice Board, Kalahandi, Bhawanipatna in reference to J.C.T. No.24 of 2024 forthwith for information and lawful actions/compliances on the basis of this judgment. Judge Orissa High Court, Cuttack The 22nd of November, 2024/ Jagabandhu, P.A. ( A.C. Behera ) Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 22-Nov-2024 15:24:36 Page 11 of 11