Orissa High Court
Narayan Sahoo vs State Of Odisha ..... Opposite Parties on 20 June, 2024
Author: D.Dash
Bench: D.Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.121 of 2024
Narayan Sahoo ..... Petitioner
Represented By Adv. -
Amitav Tripathy
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
S.K. Nayak, AGA
CORAM:
THE HON'BLE MR. JUSTICE D.DASH
ORDER
20.06.2024
I.A NO.199 OF 2024
Order No.
03. 1. This matter is taken up through hybrid arrangement
(virtual/physical) mode.
2. Heard.
3. Admit.
On consent of the learned Counsel for the Petitioner and
learned Counsel for the State; the Revision is heard on merit.
Perused the order passed by the Courts below.
(D. Dash),
Judge.
Order
ORDER
No.
20.06.2024
04. 1. The Petitioner (CCL), by filing this Revision under
section 102 of the 102 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (for short, the J.J (CPC) Act),
has assailed an order dated 15.02.2024, passed by the learned
Additional Sessions Judge-cum-Children's Court, Nayagarh in
Criminal Appeal No.02 of 2024 refusing the Petitioner-C.C.L.
to be released on bail and thereby confirming the Judgment
dated 15.02.2023 passed by the Juvenile Justice Board,
Nayagarh in Juv. Case No.03 of 2018.
The Petitioner-C.C.L. having faced an enquiry before
the Juvenile Justice Board, Nayagarh for commission of
offence under section 302/201/34 of the IPC, on conclusion of
the enquiry, the Board has arrived at the satisfaction that the
Petitioner-C.C.L. has committed the offence under section
302/201/34 of the IPC and accordingly order has been passed
that the Petitioner-C.C.L. shall remain in Special Home, Angul
for a period of three years as per the provisions contained in
section 18 (1)(g) of the JJ(CPC) Act and shall be provided with
the reformative services including education, skill development,
counseling, behaviour modification and psychiatric support as
per the individual care plan to be prepared by the probation
officer in Form No.07. The order has been passed by the JJB on
15.02.2023 and it is submitted that the Petitioner has by now
remained in the Observation Home for more than a year. The
Petitioner-C.C.L. having moved the Appellate Court for his
release on bail, pending disposal of the Appeal, the same has
been rejected and that has been impugned in this Revision.
2. Heard Mr. A. Tripathy, learned counsel for the
Petitioner (C.C.L) and Mr. S.K. Nayak, learned Additional
Government Advocate.
3. I have carefully gone through the order passed by the
JJB as also the order passed by the Appellate Court refusing to
release the Petitioner-C.C.L. pending disposal of the Appeal.
4. Considering the submissions made and on going
through the materials as placed and examining those in the
backdrop of the provision contained in section 12 of the
JJ(CPC) Act; further taking into account the conduct of the
Petitioner-C.C.L. in the observation home; this Court is
inclined to set aside the orders impugned in the revision and
direct that the Petitioner-C.C.L. be released on bail in Juv. Case
No.03 of 2018, arising out of Odagaon P.S Case No.18 of 2018,
pending on the file of learned PMJJB, Nayagarh with such
terms and conditions as deemed just and proper by the court in
seisin of the case.
5. The CRLREV is accordingly disposed of.
Issue urgent certified copy as per rules.
(D.Dash)
Judge
Gitanjali
Designation: Junior Stenographer
