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High CourtsSingle Bench(2023) 11 OHC CK 0121

Smt. Sonali Suravita Puthal vs State Of Odisha

Orissa High Court · Decided on 30 November 2023

HON’BLE JUDGES
Savitri Ratho, J
RESULT
Dismissed
CASE NUMBER
CRLMA No. 234 Of 2023

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Judgment

12 paragraphs · 338 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is seeking bail in connection with J.R Case No.57 of 2023 pending in the Court of learned 2nd Addl. Sessions Judge-cum-Presiding Officer, Children’s Court, Berhampur, arising out of K. Nuagaon P.S. Case No.276 of 2023 for commission of offences punishable under Section 395 IPC and Section 3/4 of the E & S Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge-cum-Presiding Officer, Children’s Court, Berhampur by order dated 16.09.2023 in the aforementioned case, the present BLAPL has been filed.

4.

The Petitioner, who is a CCL, has been detained in Observation Home & Special Home, Boys’, Berhampur since 27.07.2023.

5.

Taking into account that on being released the Petitioner will come in contact with the unknown criminals, this Court was not inclined to release the Petitioner on bail and called for a report from the DLSA, Berhampur regarding conduct of the CCL in Children’s Home and submission of independent social investigation report. The same are taken on record.

6.

Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Additionally, it is directed that the Petitioner shall appear before the Secretary, DLSA, Ganjam once every two weeks on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. In the event of any default, it shall be open to proceed in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

7-A. This Court places on record its appreciation for the prompt response of the learned Secretary, DLSA. Registry is requested to communicate this order.

8.

The CRLA is accordingly disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

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