Sirla Arabinda v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.73 of 2022 Sirla Arabinda ....
Petitioner Mr. S.K. Dash, Advocate -versusState of Odisha and another ....
Opposite Parties Mr. P.C. Das, ASC
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
25.03.2022 1.
This matter is taken up through Hybrid Arrangement Order No.
(Virtual/Physical Mode).
2.
Heard learned counsel for the Petitioner as well as learned counsel for the State.
3.
The present revision application has been filed challenging the order dated 19.01.2022 passed by the Children Court-cumSpecial Judge, Parlakhemundi in Criminal Appeal No.13 of 2021 thereby while dismissing the appeal and confirmed the order dated 09.12.2021 passed by the Principal Magistrate JJ Board, Parlakhemundi in J.R. Case No.13 of 2019 arising out of Kasinagar P.S. Case No.16 of 2019 refusing to grant bail to the petitioner/juvenile conflicts with law.
4.
Learned counsel for the Petitioner submits that the Petitioner is languishing in jail custody since the date of his arrest, i.e. 24.11.2021. It is also submitted that police after completion of investigation has filed charge-sheet and that the victim girl is aged
// 2 // about 16 plus years whereas the Petitioner is aged about 17 years at the time of incident. He further submits that the relationship had developed with the consent of the victim girl, which was going on for quite some time. On perusal of Social Investigation Report, the following remarks have been given by the Probation Officer:- "As per telephonic discussion with the staff of Observation home and CICL, I came to know that the behavior of CICL is normal and good inside the Observation home and he needs regular Counseling. The CICL has interested to continue his study and he was not involved in any criminal activities." 5.
Learned counsel for the State submits that the Petitioner is 18 years child at the time of incident. In the event this Court is inclined to release the Petitioner on bail, stringent conditions may be imposed on him.
6.
Considering the fact that the accused Petitioner is a minor and his behavior in the observation home is good as observed by the Probation Officer. Further keeping in view the provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, this Court is inclined to allow the Petitioner/CICL to go to the Safe Home and live with his family members subject to the Parent's of the Petitioner/CICL furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one solvent surety for the like amount, if possible, one of the Parent will come forward and stand as surety to the satisfaction of the learned court in seisin of the matter. 7.
Learned court below is directed to fix the other terms and conditions keeping in view the welfare of the Petitioner. It is open for the learned trial court to explore all possibilities for arranging maintenance for the victim. Further the trial court shall ensure that
// 3 // the Petitioner/CICL will be under the supervision of some agency and the Probation Officer and he shall make visit to the CICL once or twice in a month and submit a report to the court in seisin over the matter periodically.
8.
With the aforesaid observation, the impugned order dated 09.12.2021 passed by the Principal Magistrate JJ Board, Parlakhemundi in J.R. Case No.13 of 2019 is set aside. 9.
The CRLREV is accordingly allowed.
Urgent certified copy of this order be granted on proper application.
(A.K. Mohapatra) Judge Jagabandhu