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Showing contexts for: KANDHAMAL in Cicl(Child In Conflict With Law) vs State Of Odisha .... Opposite Party on 23 December, 2024Matching Fragments
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 with the above reasons assigned by the Juvenile Justice Board, Kandhamal for the refusal of bail of CICL.
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).
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.
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:-