Sibiyan Bira vs State Of Odisha

S. K. Panigrahi, J

This matter is taken up by video conferencing mode.

This is an application under Section 401 of the Criminal Procedure Code read with Section 102 of the Juvenile Justice (Care & Protection of

Children) Act.

Heard.

4.The petitioner has preferred this Criminal Revision challenging the order dated 25.09.2020 passed by the learned Additional Sessions Judge-cum-

Presiding Officer, Children Court, Parlakhemundi, Gajapati in Criminal Appeal No.04 of 2020 arising out of J.R. No.13 of 2020 (Mohana P.S. Case

No.124 of 2020) for commission of offences under Sections 20(b)(ii)C/25 and 29 of the NDPS Act

5.The allegation against the petitioner-CCL is that while the petitioner-CCL along with other seven accused persons were carrying 103.6 Kg of

‘ganja’ in a Bolero Pick Up Van bearing Registration No.JH-05-CR-1775, they were detained by the patrolling party and seizure was made

from their exclusive possession including the petitioner-CCL.

On perusal of the Social Investigation Report submitted by the Investigating Officer, it reveals that the antecedent of the CCL is found to be normal

and he is alleged to have committed offence due to urge of teenage.

It is submitted on behalf of the petitioner-CCL that the bail application of the petitioner has been rejected by the learned Additional Sessions Judge-

cum-Presiding Officer, Children Court, Parlakhemundi, Gajapati on the ground of active role of the petitioner-CCL in commission of the alleged

offence.

However, learned counsel for the petitioner brought to the notice of this Court regarding a Supreme Court order being Writ Petition(Civil) No(s) 4

of 2020 taken up suo motu by the Hon’ble Apex Court in view of the COVID-19 pandemic, for the interest of children all of whom fall within the

ambit of Juvenile Justice (care and Protection of Children) Act, 2015. In the said order, the Hon’ble Apex Court has directed that the JJBs and

Children’s Courts to consider whether a child or children should be kept in the CCL considering the best interest, health and safety concerns

especially during the COVID-19 Lock down period including the following:-

“Children alleged to be in conflict with law, residing in Observation Homes, JJB shall consider taking steps to release all children on bail, unless there are clear and

valid reasons for the application of the proviso to Section 12, JJ Act, 2015.21.

Considering the above submissions made and the directions of the Hon’ble Supreme Court of India, it is directed that the petitioner- CCL be

released on bail by the Additional Sessions Judge-cum-Presiding Officer, Children Court, Parlakhemundi, Gajapa in the aforesaid case with some

stringent terms and conditions as the court deem fit and proper.

Accordingly, the Criminal Revision is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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