Orissa High Court
Sutar Ranjan Prusty And vs State Of Odisha .... Opp. Party on 4 June, 2024
Author: M.S.Sahoo
Bench: M.S.Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5549 of 2024
Sutar Ranjan Prusty and .... Petitioners
another
Mr. M. Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. B. K. Ragada, AGA
CORAM:
JUSTICE M.S.SAHOO
ORDER
04.06.2024
Hybrid Mode
Order No.
01. 1. Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petition under Section 438 of the CrPC has been
filed as the petitioners apprehend 'arrest' in connection
with G.R. Case No.307 of 2024 arising out of Info Valley PS
Case No.112 of 2024 pending before the court of learned
JMFC, Jatni for alleged commission of offences under
Section 379 of the I.P.C. for investigation and trial.
3. Learned counsel for the petitioners submits that the
petitioners are juveniles. The petitioners being child in
conflict with law apprehend 'arrest' in connection with G.R.
Case No.307 of 2024 arising out of Info Valley PS Case
No.112 of 2024 pending before the court of learned JMFC,
Jatni.
4. While pressing for the pre-arrest bail, learned counsel for
the petitioners relied on the judgment rendered by
coordinate Bench of this Court dated 05.01.2023 in
CRLREV No.551 of 2023 (Subham Jena and another
versus State of Odisha), particularly the paragraphs 19 &
20 of the said judgment, which are reproduced herein:
"19. Thus, unless the applicability of the provisions
of Cr.P.C. are specifically excluded by any special
or local law they would continue to apply even to
cases under such laws. As he has been argued by
the learned Senior Counsel, Section 18 of the SC &
ST (POA) Act specifically excludes the operation of
the provision under Section 438 of Cr.P.C. Such a
provision is not found in the JJ Act. This Court has
already held that Section 10 and 12 of the JJ Act
lay down procedure only after the child is
apprehended but not before it. Therefore, Section
438 of Cr.P.C. would continue to be applicable as
there would be no conflict with the provisions of the
JJ Act. Had there been a specific provision akin to
Section 18 in the SC and ST(POA) Act excluding the
power to grant anticipatory bail, the matter would
have been different but not so in the absence of
any such provision, as was held by the Bombay
High Court in the aforementioned case. This Court
also holds that the inconsistency between Cr.P.C.
and Sections 10 & 12 of the JJ Act are in respect of
Sections 167 and 437 of Cr.P.C. only and not
otherwise. Section 438 of Cr.P.C. is enacted for a
different purpose and there is no inconsistency.
20. From a conspectus of the analysis and
discussion made hereinbefore, this Court is of the
considered view that an application under Section
438 of Cr.P.C. filed by a child in conflict with law
for grant of anticipatory bail is maintainable in the
eye of law."
5. Learned Additional Government Advocate referring to
various provisions of the law including the JJ Act and the
Cr.P.C., submits that there would be no provision of 'arrest'
apart from production of the juveniles before the Juvenile
Justice Board.
6. Having heard the learned counsel for the petitioners,
the learned Additional Government Advocate and
considering the submissions of the parties and considering
the materials on record, it is directed that in the event of
the apprehension of the petitioners by the appropriate
officer in connection with G.R. Case No.307 of 2024 arising
out of Info Valley PS Case No.112 of 2024 pending before
the court of learned JMFC, Jatni, they shall be released by
the officer furnishing of personal bond/bond by their
respective fathers/guardians and also upon giving
undertaking to appear before the JJ Board as and when
required in the case referred above. The petitioners shall
also cooperate with the further investigation, if any.
7. The petition stands disposed of accordingly.
8. Urgent certified copy of the order be granted in
accordance with rules.
Signed by: ANANTA KUMAR PRADHAN (M. S. Sahoo)
Reason: Authentication Vacation Judge
Location: HIGH COURT OF ORISSA
Date: 05-Jun-2024 15:16:58
AKPradhan./JBhol
