Allowed

Lipu@Firoz Khilla v. State of Odisha

Orissa HC23 Jul 2019CRLREV/365/2019

Case brief

AI extract

What is this about?

In a Criminal Revision concerning a bash that was rejected by the Juvenile Justice Board for the petitioner-CCL alleging murder IPC. the bench set aside the order, finding the Board failed to cite material supporting the grounds for bail denial, and directed release on bail.

What did the court decide?

The order of the Juvenile Justice Board rejecting bail is set aside; the petitioner is directed to be released on bail to the Juvenile Justice Board.

Lipu@Firoz Khilla Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2019)

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CRLREV No.365 of 2019

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23.07.2019 This revision has been directed against an order dated 25.04.2019 passed by the learned Juvenile Justice Board-cum-Registrar, Koraput at Jeypore in J.C. No. 20 of 2019.

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With an explanation in the petition that in view of the situation which is prevailing in the station where the court is situated, the petitioner having not been able to approach the appellate court has filed this revision.

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The petitioner-CCL who is now in the observation home in connection with Semiliguda P.S. Case No. 29 of 2019 running for alleged commission of offence under section 302/109/ 387/114/323/212/34 IPC had applied for his release on bail, which has been rejected.

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Learned counsel for the petitioner submits that here in the case the principal accused is the father of the petitionerCCL and it is stated in the incident when was taking place the petitioner-CCL arrived and gave some fist blows on the face of the deceased. He further submits that the allegation against the father of the petitioner-CCL is that he assaulted on the head of the deceased by means of iron pipe. It is his submission that arrival of the petitioner-CCL at this place of occurrence is very natural and so also the subsequent act attributed to the petitioner-CCL. He further submits that in the facts and circumstances of the case; without referring to

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any material on record in support of the ground that the release of the petitioner-CCL would not be beneficial to his interest and the ends of justice would be defeated have been taken by the learned PM, JJB in refusing the prayer for bail.

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Learned counsel for the State submits that this petitioner-CCL with his father has simultaneously taken part in the incident with his father. It is his submission that the stay of the petitioner-CCL in the observation home would better serve his interest and welfare. He further submits that in the absence of the father of the petitioner-CCL at home, the release of the petitioner-CCL on bail may expose him to physical danger.

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Keeping in view the submissions made, the impugned order being perused, it is seen that the learned PM, JJB without referring to any material on record has abruptly jumped to a conclusion that if the petitioner is released on bail then there will be risk to his life by the villagers and therefore it would not be beneficial to his interest and the ends of justice would be defeated. On going through the case diary produced from the learned Addl. Standing Counsel, it is seen that the father of the petitioner has been portrayed as the principal assailant by the eye witness and the arrival of this petitioner as also his role is subsequent the infliction of the fatal blow.

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In view of the above and on going through the report and in the absence of any such factual aspects the petitioner as also the surrounding circumstances, so as to press the

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proviso to section 12(1) of the Act into service, I am inclined to set aside the order passed by the learned PM, JJB and direct that the petitioner-CCL be released on bail on such terms and conditions as deem just and proper by the learned Juvenile Justice Board, Koraput at Jeypore.

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The CRLREV is accordingly disposed of. Issue urgent certified copy as per rules.

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…………………..

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D. Dash,J.

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Aks

Lipu@Firoz Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

Lipu@Firoz Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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