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High CourtsDivision Bench(2021) 08 OHC CK 0038

Chandra Mohan @ Mohan Singh vs State Of Odisha

Orissa High Court · Decided on 10 August 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 488 Of 2018

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Judgment

20 paragraphs · 358 words

CRLA NO.488 OF 2018 & I.A. NO.280 OF 2021

1.

The matter is taken up through video conferencing mode.

2.

Considering the submissions I.A. No.280 of 2021 is allowed. The fact of juvenility stands confirmed by the statement of Mrs. S. Patnaik, learned

Additional Government Advocate who states that the enquiry has established the age of Appellant No.1-Chandra Mohan @ Mohan Singh at the time

of offence was 17 years 5 months 12 days. The benefit thereof shall ensure to him in terms of decision of Supreme Court of India in Raju v. State of

Haryana (2019) 14 SCC 401. As has served imprisonment for a period of over ten years, he is entitled to be released forthwith.

3.

In that view of the matter Mr. Ragada, learned counsel for the Appellants states that he will not press the appeal on merits as far as Appellant No.1

is concerned.

4.

In the light of the law explained by the Supreme Court in Raju v. State of Haryana (supra), the order of conviction and sentence passed by the trial

Court in so far as Appellant No.1 â€" Chandra Mohan @ Mohan Singh is set aside.

5.

Since the Appellant No.1 has already served the imprisonment for a period of over ten years, whereas the maximum period for which a juvenile

may be sent to a special home, in terms of Section 15(1)(g) of the Juvenile Justice (Care and Protection of Children) Act, 2000, is three years, all

proceedings against him in so far as the present case stand terminated.

6.

Accordingly, Chandra Mohan @ Mohan Singh be set at liberty forthwith if his detention is not required in connection with any other case.

Accordingly, the IA is disposed of.

7.

As far as Appellant No.2-Ramji @ Santosh Prasad is concerned, once the paper books are ready, the appeal be listed for hearing.

8.

An urgent certified copy of this order be issued as per rules.

9.

The Registry is hereby directed to communicate this order for release of Appellant No.1 â€" Chandra Mohan @ Mohan Singh forthwith to the

concerned Jail Superintendent as well as the trial Court.

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