The High Court of Orissa dismissed an appeal against a bail rejection order. The trial court refused bail to the juvenile appellant, stating it was not inclined to release him given the victim's age and evidence, while directing the trial court to expedite proceedings.
Appeal dismissed; bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.296 of 2023
Sanjay @ Banguru …. Appellant Gochhayat
Mr. A. Pati, Advocate
-versus-
Order No.
State of Odisha
State of Odisha …. Respondent
Mrs. Susamarani Sahoo
Addl. Standing Counsel
Mr. S.R. Pati, Advocate for the
informant
CORAM:
JUSTICE S.K. SAHOO
ORDER
10.05.2023
This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
In pursuance of the order dated 04.04.2023, learned counsel for the appellant has filed the consolidated Vakalatnama duly executed by the mother guardian of the appellant Sanjay @ Banguru Gochhayat. The same is taken on record. The defect is accordingly removed.
Heard the learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 101(5) of the Juvenile Justice (Care and Protection of Children) Act
// 2 //
2015 in connection with Khamar P.S. Case No. 58 of 2021 corresponding to Special (POCSO) No. 57 of 2021 pending in the file of learned Addl. Sessions Judge -cumSpecial Court under POCSO Act, Angul for the commission of offences under section 376AB of the Indian Penal Code and section 6(1) of the POCSO Act.
The application for bail of the appellant has been rejected by the Addl. Sessions Judge -cum- Special Court under POCSO Act, Angul as per order dated 20.10.2022.
In view of the age of the victim (P.W.3) and her evidence, I am not inclined to release the appellant on bail. However, the learned trial Court shall do well to expedite the trial.
The CRLA stands disposed of.
PRAMOD KUMAR SAHOO PKSahoo
Digitally signed by PRAMOD KUMAR SAHOO ( S.K. Sahoo) Date: 2023.05.12 11:14:49 +05'30' Judge
( S.K. Sahoo)
Page 2 of 3
2 issues framed by the court
Whether the appellant, a juvenile accused of offences under POCSO and IPC 376AB, should be released on bail.
Whether the application for bail should be allowed or rejected based on the victim's age and evidence.
3 provisions across 3 enactments
Sanjay @ Banguru Gochhayat
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
