Orissa High Court
Cicl(Child In Conflict With Law) vs State Of Odisha .... Opposite Party on 23 December, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.619 of 2024
(In the matter of a revision under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act, 2015)
CICL(Child in Conflict with Law) .... Petitioner
-versus-
State of Odisha .... Opposite Party
Appeared in this case:-
For Petitioner : Mr. A.R. Panda, Advocate
For Opposite Party : Mr. T.K. Acharya,
Learned Additional Standing
Counsel
Victim appears through video
conference mode
Appeared in this case:-
CORAM:
JUSTICE A.C. BEHERA
JUDGMENT
Date of hearing : 20.12.2024 / date of judgment : 23.12.2024 A.C. Behera, J. This revision has been filed under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2015 (in short the „J.J.(C&P) Act, 2015‟) by the CICL being the petitioner challenging the dismissal order of the Appeal No.23 of 2024 passed on dated 04.10.2024 by the learned Special Judge, Children‟s Court, Phulbani confirming an order of rejection of bail of the CICL (petitioner in this revision) passed Page 1 of 9 on dated 28.08.2024 by the Juvenile Justice Board, Kandhamal in J.J. Case No.36 of 2024 arising out of Sadar Phulbani P.S. Case No.145 of 2024.
2. The factual backgrounds of this revision under Section 102 of the J.J.(C&P) Act, 2015, which prompted the CICL (petitioner) for filing of the same is that, the petitioner (CICL) was brought before the Juvenile Justice Board, Kandhamal stating about his involvement in the situations/circumstances with the minor victim, but, when the CICL prayed for bail by filing a bail application, then, The Juvenile Justice Board, Kandhamal rejected his bail application on dated 28.08.2024 on the basis of the social investigation report assigning the reasons that, "the Board does not feel inclined to release the CICL on bail keeping in the mind safety of the CICL."
3. So, he (CICL) challenged the said order of rejection of his bail passed on 28.08.2024 by the Juvenile Justice Board, Kandhamal in J.J. Case No.36 of 2024 preferring an appeal vide Appeal No.23 of 2024 under Section 101 of the J.J. (C&P) Act, 2015 before the learned Special Judge, Children‟s Court, Phulbani being an appellant.
4. The learned appellate court dismissed that Appeal No.23 of 2024 of the CICL on dated 04.10.2024 confirming the order of rejection of his bail passed by the Juvenile Justice Board, Kandhamal being fully agreed Page 2 of 9 with the above reasons assigned by the Juvenile Justice Board, Kandhamal for the refusal of bail of CICL.
5. So, the CICL filed this revision under Section 102 of the J.J. (C&P) Act, 2015 being the petitioner challenging the above dismissal order dated 04.10.2024 passed in Appeal No.23 of 2024 by the learned Special Judge, Children‟s Court, Phulbani.
6. I have already only heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the State (Opposite Party), as the aggrieved person did not chose to appear for participating in the hearing of this revision in spite of calling for the same through learned Additional Standing Counsel.
7. During hearing, the learned counsel for the petitioner(CICL) submitted that, the orders passed by the Juvenile Justice Board, Kandhamal in J.J. Case No.36 of 2024 as well as by the learned appellate court in Appeal No.23 of 2024 for the refusal of bail of the CICL(petitioner) are not in conformity with law, for which, the said orders are not sustainable under law, to which, the learned Additional Standing Counsel for the State objected contending in support of the reasons assigned above by the Juvenile Justice Board, Kandhamal as well as by the learned appellate court for the refusal of bail of the CICL(petitioner).
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8. As per the provisions of law envisaged in the proviso to Sub- section(1) of Section 12 of The J.J.(C&P) Act, 2015, the CICL can be denied with the privilege of bail, only, if, the court is of the opinion that,
(i) there appears reasonable grounds for believing that, the release of CICL on bail shall bring him into association with any known criminal or
(ii) shall expose him to moral, physical and psychological danger or that his such release would defeat the ends of justice.
9. The necessary essentials indicated above in (i) & (ii) of the proviso of Sub-section(1) to Section 12 of The J.J.(C&P) Act, 2015 must be there in the record to make out any of the above grounds out of two, which may persuade the court not to release the CICL on bail.
10. As per The J.J.(C&P) Act, 2015, the nature and gravity of the situations/circumstances relating to the involvement of the CICL into the same will be of no significance for consideration of bail of the CICL. So, the CICL has to be released on bail irrespective of the nature and gravity of the situations/circumstances.
The J.J.(C&P) Act, 2015 is a beneficial legislation, which has been enacted to reform the child.
As per Section 3(i) and (iv) of the said Act, 2015, all decisions regarding the child shall be passed for the "best interest" of the Page 4 of 9 child(CICL) in order to help the child to develop his/her full potential presuming the CICL "to be an innocent."
Therefore, in all orders pertaining to a CICL has to be a reformative approach for no other reason, but, only for promoting the well-being of the child(CICL).
11. Therefore, as per the mandate of the provisions of Section 12 of The J.J.(C&P) Act, 2015, a CICL has to be released on bail, irrespective of the nature and gravity of the situation/circumstance, because, bail for the CICL is the rule and refusal is an exception. The right of privilege of bail of the CICL can be denied, only assigning clear and valid reasons regarding the applicability of the proviso to Section-12 of The J.J.(C&P) Act, 2015, otherwise not.
12. On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts and the Apex Court in the ratio of the following decisions :-
(i) 2020(2) OJR-73(S.C.) : Exploitation of Children in Orphanages in the State of Tamil Nadu vrs. Union of India and others-- J.J.(C&P) Act, 2015-- Sections 10 & 12--Bail--The only embargo created for bail of the CICL is that, (i) in case the release of the child likely bring into association with known criminals or (ii) expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice.Page 5 of 9
(ii) 2016(4) Crimes-78(Madras) : Vigneshwaran @ Vignesh Ram vrs. State-- J.J.(C&P) Act, 2015--
Section 12--Bail--So far as juveniles are concerned, grant of bail is the rule and non-grant of bail is only an exception.(Para-7)
(iii) 2016(4) Crimes-188(Allahabad) : Amit Yadav Alias Monu Alias Bebo vrs. State of U.P. and Anr.--
J.J.(C&P) Act, 2000--Section 12--Bail--If there are no imminent chances of his repeating the matter, bail to a juvenile should not be ordinarily refused.
(iv) 2023(1) Crimes-406(Jharkhand) : Shahnawaz Hussain vrs. The State of Jharkhand-- J.J.(C&P) Act, 2015-- Section 12--Bail--When the CICL has no criminal history and the possibility of the CICL in coming with association of any known criminal is very remote, then the CICL is to be granted on bail.
13. It is the mandate of Section 3 (viii) of The J.J.(C&P) Act, 2015 in administration of that Act that, "The Central Government, The State Governments, the Board, and other agencies, as the case may be, while implementing the provisions of this Act, shall be guided by the following fundamental principles, namely:-
(i) xx xx xx xx
(ii) xx xx xx xx
(iii) xx xx xx xx
(iv) xx xx xx xx
vi) xx xx xx xx
(vi) xx xx xx xx
(vii) xx xx xx xx
(viii) Principle of non-stigmatizing semantics-Adversarial or accusatory words are not to be used in the processes pertaining to a child.
(ix) xx xx xx xx "
xx xx xx xx
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14. In this revision at hand, the orders passed by the Juvenile Justice Board, Kandhamal as well as by the learned appellate court pertaining to the CICL(petitioner), those are under challenge in this revision are not free from the use of accusatory words, for which, the said orders are not in proper administration of the Act, i.e., The J.J.(C&P) Act, 2015.
On this aspect, the propositions of law has already been clarified by the Hon‟ble Courts in the ratio of the following decision:-
2021(2) Crimes 107(Patna) : Sumit Kumar vrs. State of Bihar--Any order relating to a juvenile passed by any court shall have no effect in eyes of law, if the same be passed in non-conformity with provisions of Juvenile Justice Act, 2015.(Para-11)
15. As per the discussions and observations made above, the reasons assigned above by the Juvenile Justice Board, Kandhamal and learned appellate court for the denial of the right of privilege of bail of the CICL(petitioner) are not sustainable under law for the following reasons:-
(i) the impugned orders have been passed using accusatory words pertaining to CICL(petitioner) in contravention with Section 3(viii) of The J.J.(C&P) Act, 2015.
(ii) absence of any material in the record to show that, the CICL was subjected to any form of abuse or was a victim of any similar situation earlier or was mixed with any bad associate earlier.
(iii) absence of any material to show about any imminent chance in repeating similar situation by the CICL.
(iv) absence of any material to show about any possibility or chance of fleeing away from the process of justice, in case of release of the CICL on bail.Page 7 of 9
(v) absence of any material to show that, the father-guardian of the CICL has any bad record, rather the father-guardian of the CICL has sworn an affidavit stating that, he will take proper care of the CICL being his natural father guardian after release of the CICL on bail.
When, it is held that, for the above reasons, the orders passed by the Juvenile Justice Board, Kandhamal in J.J. Case No.36 of 2024 and by the leaned appellate court in Appeal No.23 of 2024 for the refusal of bail of the CICL(petitioner) are not sustainable under law, then at this juncture, there is justification under law, for making interference with the said orders through this revision filed by the CICL(petitioner).
Therefore, there is merit in this revision filed by the petitioner (CICL). The same must succeed.
16. In result, the revision filed by the CICL(petitioner) is allowed on merit.
The orders dated 28.08.2024 and 04.10.2024, respectively passed by the Juvenile Justice Board, Kandhamal in J.J. Case No.36 of 2024 as well as by the learned Special Judge, Children‟s Court, Phulbani in Appeal No.23 of 2024 are set aside.
17. The prayer for bail of the CICL(petitioner) in J.J. Case No.36 of 2024 is allowed.
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18. The Juvenile Justice Board, Kandhamal is directed to release the CICL(petitioner) on bail in J.J. Case No.36 of 2024 with required bail bond or bail bonds imposing lawful conditions as it deems fit and proper with a compulsory condition that:-
One of the natural guardians of the CICL shall furnish an undertaking that, he/she will not allow the CICL to mix with his any bad associate and shall not allow the CICL to be involved with any similar situation/circumstance.
19. Accordingly, this criminal revision filed by the petitioner(CICL) is disposed of finally.
Registry is directed to transmit the copies of this order to the appellate court in reference to Appeal No.23 of 2024 as well as Juvenile Justice Board, Kandhamal in reference to J.J. Case No.36 of 2024 forthwith for information and lawful compliances of the directions made in this order.
( A.C. Behera ) Judge Orissa High Court, Cuttack The 23rd of December, 2024/ Jagabandhu, P.A. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 24-Dec-2024 11:53:00 Page 9 of 9