Ashik Kumar Sahu vs State of Orissa

R.N. Biswal, J.—Heard Learned Counsel for the Petitioner Learned Addl. Standing Counsel for the State. In this Criminal Revision, the Petitioner challenges the Order Dated 25.6.2011 passed by the Learned Sessions Judge, Sundargarh in Crl. Appeal No. 07 of 2011 wherein he dismissed the appeal & confirmed the order passed by the Learned C.J.M.-cum-Principal Magistrate, Juvenile Justice Board (PMJJB in short), Sundargarh camp at Rajgangpur on 20.4.2011.

The Petitioner, a juvenile along with two others is alleged to have committed offence under Sections 376(2)(g) of I.P.C. in G.R. Case No. 123 of 2011 pending before the Learned PMJJB, Sundargarh. A petition u/s 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as Act) was filed by the Petitioner for bail before the Learned PMJJB, Sundargarh camp at Rajgangpur. It was rejected on the ground that if the Petitioner is released on bail the possibility that he will be exposed to moral or psychological danger cannot be ruled out vide Order Dated 20.4.2011. Being aggrieved with the said order, the juvenile in conflict with law (JCL in short) filed Criminal Appeal No. 7 of 2011 before the Sessions Judge, Sundargarh. As stated earlier, the Appeal was dismissed & the order of the Learned PMJJB, Sundargarh, camp at Rajgangpur was confirmed vide Order Dated 25.6.2011. Being aggrieved with the said order, the JCL has preferred the present revision.

Learned Counsel for the Petitioner submits that the ground on which the bail petition was rejected by the Learned PMJJB, can not be sustained. According to him bail is a rule in respect of a JCL. The bail petition filed on behalf of him can be rejected if it is found that there are reasonable grounds for believing, that his release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The PMJJB has not assigned any such reasonable ground of belief. The Appellate Court without carefully examining the law dismissed the appeal.

Section 12(1) of the Act reads as follows :-

Bail of Juvenile - (1) When any person accused of a bailable or non-bailable offence & apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety (or placed under the supervision of a Probation officer or under the care of any fit institution or fit person) but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

In the present case Learned PMJJB, Sundargarh, camp at Rajgangpur has not given any ground for believing that the release of JCB is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. The Appellate Court without examining the provision of law carefully dismissed the appeal.

Under such premises, the revision is allowed & the order of the Appellate Courts as well as the PMJJB are set aside. Let the JCL be released on bail on execution of bond of Rs. 50,000 by his father guardian to the satisfaction of Learned -PMJJB, Sundargarh in the aforesaid case.

Accordingly the CRLREV stands disposed of.

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