Orissa High Court
Cicl(Child In Conflict With Law) vs State Of Odisha And Another .... ... on 22 November, 2024
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) .... Petitioner
-versus-
State of Odisha and another .... Opposite Parties
Appeared in this case:-
For Petitioner : Mr. J. Panda, Advocate
For Opposite Parties : Mr. G. Mohanty,
Learned Standing Counsel
Ms. Sonali Parida, Advocate for
the Informant
Appeared in this case:-
CORAM:
JUSTICE A.C. BEHERA
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
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.
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
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) there appears reasonable grounds for believing that,
the release of CICL on bail shall bring him into
association with any known criminal or
(ii) shall expose him 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.
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 :-
(i) 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.
(ii) 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 far as juveniles are
concerned, grant of bail is the rule and non-grant of
bail is only an exception.(Para-7)
(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
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
social investigation report is to identify and
understand the circumstances of the child in
question, what may have led to the alleged incident.
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:-
(i) xx xx xx xx
(ii) xx xx xx xx
(iii) xx xx xx xx
(iv) xx xx xx xx
vi) xx xx xx xx
(vi) xx xx xx xx
(vii) xx xx xx xx
(viii) Principle of non-stigmatizing semantics-Adversarial or
accusatory words are not to be used in the processes pertaining to
a child.
(ix) xx xx xx xx "
xx xx xx xx
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
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) 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.
(ii) 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.
(iii) absence of any material to show about any immediate chance in
repeating the similar circumstance by the CICL.
(iv) 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.
(v) 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.
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
undertaking that, he will take care of his
son(CICL/Petitioner) and he will not allow him(CICL)
to mix with any bad associate.
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.
( A.C. Behera )
Judge
Orissa High Court, Cuttack
The 22nd of November, 2024/ Jagabandhu, P.A.
Designation: Personal Assistant
