Allowed

Jayaprakash Mahanta v. State of Odisha

Orissa HC23 Nov 2021CRLREV/252/2021

Case brief

AI extract

What is this about?

The High Court in an appeal under Sections 401 and 397 CrPC allowed bail for a Convict-in-Custody-In-Custody-Level (CICL). The court relied on Section 12 of the Juvenile Justice Act, 2015, noting the petitioner's residence and lack of flight risk to justify release on bail. Various supervisory conditions were imposed.

What did the court decide?

Petitioner Jayaprakash Mahanta allowed bail subject to conditions including guardianship undertaking, no criminal activity, study pursuit, and probation officer supervision.

Jayaprakash Mahanta Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLREV No. 252 of 2021

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Jayaprakash Mahanta …. Petitioner

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Mr. Subrata Panda, Advocate

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Versus

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State of Orissa

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…. Opp. Party

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Mr. Sibani Shankar Pradhan, A.G.A.

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CORAM: JUSTICE SAVITRI RATHO

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ORDER

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Order No. 23.11.2021

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This matter is taken up through hybrid mode.

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Heard Mr. Subrata Panda, learned counsel for the petitionerCICL and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

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Mr. Pradhan, learned Addl. Govt. Advocate submits that the notice of the Criminal Revision has been served on the parents of the CICL on 14.09.2021 through the I.I.C. of Harichandanpur Police Station.

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This is an application under Section 401 read with Section 397 of Cr.P.C. and under Section 53 of Juvenile and now under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, for grant of bail to the CICL- Jayaprakash Mahanta in connection with J.J. Case No 15 of 2021 corresponding to Harichandanpur P.S. Case No.32 of 2021 in the Court of the Principal Magistrate , Juvenile Justice Board, Keonjahr for commission of offences punishable under Sections 363/417/376(2)(n) of the I.P.C. and Section 6 of the POCSO Act.

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The prayer for bail of the CICL was rejected by the Principal Magistrate, Juvenile Justice Board, Keonjahr by order dated 29.06.2021 and thereafter by the learned Addl. Sessions Judge -cum- Special Judge, Keonjhar in Criminal Appeal No. 12 of 2021 by order dated 19.07.2021.

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The allegations against the CICL is that he and the victim were in love and giving false assurance of marriage, he had kept physical relationship with the victim forcibly and then he took her to his house, but his family members objected and the Child Welfare Committee members restrained them from marriage.

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Learned counsel for the petitioner submits that both the petitioner and the victim are aged about 17 years old and the petitioner has passed +2. Because the petitioner is in jail custody, he is unable to pursue his further studies. He further submits that the victim girl has got married in the meanwhile and the petitioner is in custody since 13.03.2021 and charge sheet has been filed on 09.05.2021 and no useful purpose will be served by detaining him in jail custody any further. He further submits that as per the section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a juvenile is to be released on bail however heinous the crime may be and the only restriction is availability of reasonable grounds that his release is likely to bring him in association with known criminals or expose him to any moral, physical or psychological danger or his release would defeat the ends of justice, he is entitled to be released on bail but the prayer for bail has been illegally rejected by the learned Principal Magistrate, Juvenile Justice Board, Keonjahr as well as the Addl. Sessions Judge -cum- Special Judge, Keonjhar. He further submits that the JJ Board by order dated 13.08.2021 passed in J.J. Case No 15 of 2021 has observed that the petitioner was not mentally mature to

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understand that commission of rape is an offence and is a punishable crime and for which the Board had directed him to be treated as a juvenile.

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Learned counsel for the State objects to the prayer for bail and placed the social background report of the CICL wherein it is stated that the parental guidance is necessary.

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Considering the submissions of the learned counsels, the nature of accusations against the CICL, the mandate of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the social background report, and since he is a permanent resident of village Badasiadmal, P.S. Harichandanpur, Dist. Keonjhar, which precludes any reasonable apprehension of his absconding from the process of justice, I am inclined to allow the prayer for bail.

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Let the petitioner-Jayaprakash Mahanta represented through his natural guardian-father be released on bail by the learned Principal Magistrate, Juvenile Justice Board, Keonjhar in Harichandanpur P.S. Case No.32 of 2021 corresponding to J.J. Case No 15 of 2021 on such terms and conditions as he deems just and proper including the following conditions:-

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(i) His father-natural guardian shall furnish an undertaking that after release, the CICL will not be allowed to come in contact with any criminals.

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(ii) The CICL will not indulge in any criminal activity.

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(iii) He will pursue his studies.

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(iv) The concerned Child Probation Officer shall maintain general oversight and supervision over the CICL by visiting his house time-to-time as may be deemed necessary, to ensure that he is not exposed to any moral, physical or psychological danger and is pursuing his studies.

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No observation in this order shall be construed to be an expression on the merits of the case.

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The CRLREV is accordingly allowed.

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Urgent certified copy of this order be granted on proper application.

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.........................

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(Savitri Ratho) Judge

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Sukanta

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Jayaprakash Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayaprakash Mahanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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