X vs State Of Orissa ... Opposite Party
2025 Latest Caselaw 3918 Ori

Orissa High Court

X vs State Of Orissa ... Opposite Party on 12 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLREV No.64 of 2025
     X                                        ...              Petitioner
                                       Mr. T.K. Mishra, Advocate
                                -versus-
     State of Orissa                      ...     Opposite Party
                                              Mr. S.K. Rout, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY

                                ORDER(ORAL)

12.02.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This criminal revision is directed against the impugned judgment dated 04.12.2024 passed by Addl. District & Sessions Judge, Nabarangpur in Criminal Appeal No. 45 of 2013 confirming the judgment dated 30.01.2012 passed by the learned Principal Magistrate, District Juvenile Justice Board, Nabarangpur in G.R. Case No. 401 of 2003 convicting the revision Petitioner-cum-Child in Conflict with Law(CICL) for offence U/S. 326 of IPC and sending him to Special Home for a period of one year and to pay fine of Rs. 5,00/-.

3. By the impugned judgment, the learned Appellate Court has directed to treat the revision Petitioner in accordance with the provision of Sec. 19(3) of the Juvenile Justice (Care & Protection) Act, wherein it is prescribed that the Children's Court shall ensure that the child who is found to be Conflict with law is sent to a place of safety till he attains the age of 21 years and thereafter, the person

shall be transferred to jail. In this case, the revision- Petitioner is admittedly aged about 31 years and has been sent to Jail to suffer the sentence.

4. Heard, Mr. Tukuna Kumar Mishra, learned counsel for the Petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter.

5. Admit.

6. The learned Convicting JJB be requested to submit the soft copy of the LCR by next date.

7. List this matter on 15.05.2025.

8. Heard, Mr. Tukuna Kumar Mishra, learned counsel for the Petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter.

9. Realization of fine under the impugned judgment in G.R. Case No. 401 of 2003 of the Court of learned Principal Magistrate, District Juvenile Justice Board, Nabarangpur shall remain stayed till disposal of the appeal.

10. Accordingly, the IA stands disposed of.

11. This is an application for grant of bail to the revision Petitioner pending further execution of sentence till disposal of the appeal.

12. Heard, Mr. Tukuna Kumar Mishra, learned counsel for the Petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record.

13. After having considered the rival submissions and on going through the materials placed on record,

since the revision Petitioner has been directed to be dealt with U/S. 19(3) of the Act and he, thereby, being in jail custody to suffer the sentence as submitted, this Court admits the revision Petitioner to bail and directs for his suspension of sentence.

14. Accordingly, the revision Petitioner be released on bail on such terms and conditions as deem fit and proper by the learned Convicting JJB.

15. Accordingly, the IA No. 82 of 2025 stand disposed of.

16. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Priyajit

Location: HIGH COURT OF ORISSA