Animesh Pani Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Animesh Pani Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Impugned order dated 24.01.2024 set aside; Petitioner (C.I.C.L) directed to be released on bail in Raghunathpali P.S. Case No.322 of 2023 / G.R. Case No.1669 of 2023 on such terms and conditions as deemed just and proper by the Court in seisin of the case; urgent certified copy as per rules.

Issue for consideration

Whether the order dated 24.01.2024 passed by the learned Additional Sessions Judge-cum-Children's Court, Sundargarh in Criminal Appeal No.02 of 2024 is legal and proper, and whether the Petitioner (CICL) is entitled to be released on bail in G.R. Case No.1669 of 2023 under section 12 of the Juvenile Justice Act.

Court's answer

Regard being had to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, the order impugned in this Revision is set aside and the Petitioner (C.I.C.L) is directed to be released on bail in the aforesaid case (Raghunathpali P.S. Case No.322 of 2023 / G.R. Case No.1669 of 2023) by the Court in seisin of the case, on such terms and conditions as deemed just and proper by that Court.

Ratio / Principle

In directing release on bail, the Court took into account the submissions and materials on record, its earlier order in Criminal Revision No.98 of 2024 concerning the co-CICL facing trial with the Petitioner, and the age of the Petitioner; it found no material to believe that the Petitioner's release would bring him into association with any known criminal, expose him to moral, physical and psychological danger, or defeat the ends of justice.

Detailed headnote1 paragraphs

HIGH COURT OF ORISSA AT CUTTACK — CRLREV No.113 of 2024 (decided 06.05.2024, D. Dash, J.). Petition under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 by a Child in Conflict with Law implicated under section 302/34 IPC in Raghunathpali P.S. Case No.322 of 2023 (G.R. Case No.1669 of 2023) before the Principal Magistrate, Additional Juvenile Justice Board, Rourkela, challenging the order dated 24.01.2024 of the learned Additional Sessions Judge-cum-Children's Court, Sundargarh in Criminal Appeal No.02 of 2024. On consent, the Revision was heard on merit. Taking into account the earlier order of this Court in Criminal Revision No.98 of 2024 relating to the co-CICL facing trial with the Petitioner, the age of the Petitioner, and the absence of any material that release would associate him with known criminals, expose him to moral, physical and psychological danger or defeat the ends of justice, regard being had to section 12 of the Act, the impugned order was set aside and the Petitioner directed to be released on bail on terms to be fixed by the trial Court. Revision disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.113 of 2024

Animesh Pani

.....

Petitioner

Represented By Adv.

Abhas Mohanty

-versus-

State Of Odisha .....

Opposite Parties

Represented By Adv. - S. K. Nayak, AGA

CORAM:

THE HON'BLE MR. JUSTICE D.DASH

ORDER

06.05.2024

Order No.

1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

Heard.

Admit.

On consent of the learned Counsel for the Petitioner and learned Counsel for the State; the Revision is heard on merit. Perused the order passed by the Courts below.

(D. Dash), Judge.

Order

No.

ORDER

06.05.2024

This is a petition under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short,

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the Act), arising out of Raghunathpali P.S. Case No.322 of 2023, corresponding to G.R. Case No.1669 of 2023, pending in the Court of learned Principal Magistrate, Additional Juvenile Justice Board, Rourkela, for commission of the offence under section 302/34 of the IPC, questioning the legality and propriety of the order dated 24.01.2024, passed by the learned Additional Sessions Judge-cum-Children’s Court, Sundargarh, in Criminal Appeal No.02 of 2024 and grant of bail to the Petitioner (CICL).

Heard Mr.Abhas Mohanty, learned counsel for the Petitioner (C.I.C.L) and Mr. S.K. Nayak, learned Additional Government Advocate.

Considering the submissions made and on going through the materials available on record as also the earlier order passed by this Court in Criminal Revision No.98 of 2024 filed by the other Child in Conflict with Law, who is facing the trial with the Petitioner and has been implicated by the eyewitnesses to be the author of the injury caused on the head of the deceased further taking into account the age of the present Petitioner (C.I.C.L), in the absence of any material to believe that the release of the Petitioner (C.I.C.L) is likely to bring in association with any known criminal or that he would be exposed to moral, physical and psychological danger and that his release would defeat the ends of justice, regard being had to the provision contained in section 12 of the Act, the order impugned in this Revision being set aside, it is directed that the Petitioner (C.I.C.L) be released on bail in the aforesaid case by

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the Court in seissin of the case on such terms and conditions as deemed just and proper by the said Court.

The CRLREV is disposed of accordingly.

Issue urgent certified copy as per rules.

(D.Dash) Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 07-May-2024 16:51:32

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