Orissa High Court
Saroj Paswan vs State Of Orissa on 24 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRL REV No. 415 of 2021
(Arising out of the judgment and order dated 11.10.2021 passed in
Criminal Appeal No.14 of 2021 by the learned A.D.J.-cum-Special
Court under POCSO Act, Cuttack.
Saroj Paswan .... Petitioner
-versus-
State of Orissa .... Opp. Party
Advocates appeared in this case through Hybrid Mode :
For Petitioner : Mr.S.K.Das, Advocate
For Opp. Party : Mr.K.K.Nayak, ASC
CORAM:
JUSTICE SAVITRI RATHO
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Date of Order:24.01.2022
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Savitri Ratho, J. In this CRLREV, the petitioner has challenged the
judgment and order dated 11.10.2021 passed by the learned A.D.J.-
cum-Special Court under POCSO Act, Cuttack in Criminal Appeal
No.14 of 2021 confirming the judgment and order dated 21.09.2021
passed by the learned Principal Magistrate Juvenile Justice Board,
Cuttack in JJC Case No.102 of 2021 rejecting the prayer for bail of
CICL-petitioner.
2. The brief facts of the case is that the informant-Santosh
Agrawal was running a textile business. On 13.9.2021, while he
closed his shop, cash of Rs.6,50,000/- was kept in the cash box of
the shop. The said cash was stolen by unknown culprits by breaking
open the grill and lock of the shop. The petitioner was working in
the cloth godown of the informant and had committed the theft
alongwith his uncle with whom he was staying.
Badambadi P.S. Case No.271 of 2021 was registered
against unknown culprits with the allegation of commission of
offences under Sections 457/380/34 of I.P.C. Thereafter, the police
arrested the present petitioner and another person in connection with
the aforesaid offences and seized Rs.80,000/- from the petitioner.
The petitioner was forwarded and produced before the J.J. Board,
Cuttack.
3. The learned J.J.Board, Cuttack rejected the bail
application of the petitioner holding that due to parental negligent
and bad associates, the CICL-petitioner has become involved in the
present case and further observed that the petitioner might again
come in contact with bad associates if he is released on bail and the
release of the petitioner might expose him to moral and
psychological danger.
Being aggrieved with the said order, the petitioner
moved before the learned A.D.J.-cum-Special Court under POCSO
Act, Cuttack and the learned appellate court vide judgment and
order dated 11.10.2021 passed in Criminal Appeal No.14 of 2021
has come to the following findings:
"The Board is of the view that the CCL required
to be kept in institutional care for some more time for
his reformation and development. Thus, from the
facts and circumstances of the case, this Court does
not find any reason to take any other view than the
one taken by the learned trial court while considering
the bail application. Accordingly the appeal is
dismissed being devoid of merit".
4. Mr. S.K.Das, learned counsel for the petitioner
submitted that the petitioner is in custody since 20.9.2021 and the
learned courts below should have disbelieved the prosecution case
taking into account that the petitioner was an employee of the
informant and due to dispute regarding salary there was enmity
between them, for which false implication of the petitioner could
not be ruled out. He further states that the petitioner has no criminal
antecedents and his long detention in custody would hamper his
career and also affect him morally. Mr. Das further submitted that
the father of the petitioner is ready and willing to take the petitioner
in his care and to look after him properly so that he will not come in
contact with any antisocial or habitual offender and also the father
of the petitioner will build his career properly giving him good
education.
5. On the other hand, Mr. K.K.Nayak, learned Addl.
Standing counsel opposed the prayer for bail stating that in view of
the nature of offence committed by the petitioner and as stolen cash
of Rs.80,000/- has been seized from the possession of the petitioner,
a prima facie case is made out against him and in view of the fact
that his uncle with whom he was staying is a co-accused in the case,
he would be exposed to moral and psychological danger if released
on bail, he needs institutional care in order to reform himself.
6. From a perusal of the materials on record, it appears
that the CICL is a permanent resident of Samastipur, Bihar and was
staying with his uncle in Cuttack and his uncle is a co-accused in the
case. The social investigation report indicates that the father of the
CICL is a trolley puller and parental neglect is one of the causes for
commission of the crime.
7. After perusing the case diary and social background
report, I am of the opinion that, the learned J.J.Board and the
learned Appellate Court have rightly observed that the CICL will be
exposed to moral and psychological danger if he is released on bail.
Chances of his reformation in the observation home are better than
in his home environment. I am therefore not inclined to release the
CICL on bail at this stage. But liberty is granted to him to move the
learned J.J.Board for bail afresh alongwith an affidavit if his father
indicating the manner in which he intends to reform and educate his
son.
8. The learned J.J.Board is requested to expedite the
hearing of the case.
9. The CRLREV is accordingly dismissed with the
aforesaid observation.
10. In view of the restrictions due to resurgence of
COVID-19 situation, learned counsel for the parties may utilize a
printout of the order available in the High Court's website, at par
with certified copy, subject to attestation by the concerned advocate,
in the manner prescribed vide Court's Notice No.4587, dated 25th
March, 2020, modified by Notice No.4798 dated 15th April, 2021,
and Court's Office Order circulated vide Memo Nos.514 and 515
dated 7th January, 2022.
......................
(Savitri Ratho)
Judge
Orissa High Court, Cuttack
Dated 24th January, 2022/Bichi
