Subhranshu Pujhari vs Unknown
2021 Latest Caselaw 9734 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLREV No.231 of 2021

            Subhranshu Pujhari                 ....        Petitioner

                                     Mr. Sarat Ch. Mekap, Advocate
                                    -versus-
            State of Odisha                    ....         Opp.party
                                      Mr. Priyabrata Tripathy, ASC,


                    CORAM:
                    JUSTICE S.K. PANIGRAHI
                                   ORDER

Order No. 15.09.2021

2. 1. This matter is taken up by video conferencing mode.

2. This is an application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act,2015.

3. Heard learned counsel for the parties.

4. The petitioner preferred this Criminal Revision challenging the judgment dated 09.06.2021 passed by the learned Additional Sessions Judge-cum-Special Judge, Children Court, Bhawanipatna, in Crl. Appeal No.02 of 2021 for commission of offences under Sections 302/201/436/34 of the I.P.C.

5. The allegation against the petitioner is that on 29.08.2020, the nephew of the informant had been to village Padapadar along with one Bijaya Nayak of village Sagada in his Scooty. On 30.08.2020, in the morning, the informant got information that his nephew has been murdered and thrown at the road side. When he verified // 2 //

the matter, he found that his nephew has been murdered by means of sharp cutting weapon and the dead body has been thrown and his scooty was set on fire.

6. It is submitted on behalf of the petitioner-CCL that he is no way involved in the alleged offence. Learned counsel while citing Section 12 proviso 1 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has contended that bail can be refused to a juvenile only when there are reasonable grounds for believing that the release of a juvenile is likely to bring him into association with known criminal or expose him into moral, physical or physiological danger or his release would defeat the ends of justice. In the present case, no such reasons have been provided by the learned trial court. Additionally, he has been languishing in custody since 31.12.2020. In view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner is entitled to bail.

7. Moreover, learned counsel for the petitioner brought to the notice of this Court regarding a Supreme Court order being Writ Petition (Civil) No(s)4 of 2020 taken up suo moto by the Hon'ble Apex Court in view of the COVID-19 Pandemic, for the interest of children all of whom fall within the ambit of Juvenile Justice (Care and Protection of Children) Act,2015. In the said order, the Hon'ble Apex Court has directed the JJBs and Children's Courts to consider whether a child or children should be kept in the CCL considering the best

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interest, health and safety concerns especially during the COVID-19 Lock down period including the following:-

"Children alleged to be in conflict with law, residing in Observation Homes, JJB shall consider taking steps to release all children on bail, unless there are clear and valid reasons for the application of the proviso to Section 12, JJ Act,2015."

8. Considering the above submissions made and the directions of the Hon'ble Supreme Court of India, it is directed that the petitioner-CCL be released on bail by the learned Additional Sessions Judge-cum-Special Judge, Children Court, Bhawanipatna, in Crl. Appeal No.02 of 2021 in the aforesaid case with some stringent terms and conditions as the court deems fit and proper.

9. Accordingly, the CRLREV is disposed of.

10. Urgent certified copy of this order be granted on proper application.

( S.K.Panigrahi ) Judge

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