This court allowed a criminal revision petition directing the release on bail of a child in conflict with law, finding that lower courts failed to properly consider whether release would prejudice the child's interests despite multiple offenses.
The child in conflict with law be released on bail on terms to be fixed by the Principal Magistrate.
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CRLREV No.260 of 2017
05.07.2017
Heard the learned counsel for the petitioner and the learned counsel for the S
tate.
2. This criminal revision is directed against the order dated 13.12.2016 passed b
y the learned Chief Judicial Magistrate-cum-Principal Magistrate, J.J.B., Angul in G.R. Case N
o.312 of 2016 refusing the prayer of the petitioner for his release on bail in exercise of pow
er under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (herei
nafter referred to as the Act) which has since been confirmed by the learned Sessions Judge, A
ngul vide order dated 26.12.2016 passed in Criminal Appeal No.36 of 2016, with a prayer to set
aside the same.
3. It appears that the petitioner, who is a child in conflict with law, being indicted in
a case for commission of offence under Sections 457/380 of IPC, made a prayer for his release
on bail in G.R. Case No.312 of 2016 which was refused by the learned Principal Magistrate, J.
J.B., Angul on the ground that release of the child in conflict with law shall likely to bring
him in association with known criminals. The same was also affirmed by the appellate court ta
king note of the social investigation report indicating that the parents of the child in confl
ict with law are not taking proper care and attention of the child and their excess love and a
ffection is the main reason for commission of such heinous crime and also holding that if he i
s released on bail he will return to the same environment staying where he committed the offen
ce.
4. Be that as it may, considering the facts and submissions made, especially the material
s on record and so also the social investigation report, I am of the view that the learned Pri
ncipal Magistrate, Angul and the learned Sessions Judge, Angul have not addressed the prayer o
f the child in conflict with law for his release on bail in proper perspective, inasmuch as th
ough child in conflict with law was involved in two to three more cases of such nature, but no
thing is there indicating the fact that his release shall bring him in association with known
criminal and also prejudicial to his interest. In such premises, the orders passed by the tria
l court as well as the appellate court refusing to release the child in conflict with law on b
ail cannot be sustained.
5. Hence, this revision petition stands allowed. The child in conflict with law be releas
ed on bail on such terms and conditions as the learned Principal Magistrate, Juvenile Justice
Board, Angul may deem just and proper taking into consideration the facts and circumstances of
the case.
L.C.R. received be sent back forthwith along with a copy of this order.
Issue urgent certified copy as per rules.
S.Pujahari, J.
2
1 issue framed by the court
Whether a child in conflict with law involved in multiple similar offenses qualifies for bail.
2 provisions across 2 enactments
Child in conflict with law
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court