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ORISSA HIGH COURT
Sashikanta Mishra, J
Subham Jena & another – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual basis for petitioners' demand for anticipatory bail. (Para 2 , 3 , 4) |
| 2. arguments regarding the applicability of anticipatory bail provisions to a child. (Para 6 , 7) |
| 3. inclusivity of 'person' in bail provisions supports child's right. (Para 10 , 12) |
| 4. court's decision on maintaining anticipatory bail for ccls. (Para 20 , 21 , 22) |
JUDGMENT
5TH JANUARY, 2023
SASHIKANTA MISHRA, J.
The issue that falls for consideration in the present revision is :-
“Can a Child in Conflict with Law (CCL) file an application under Section 438 of Cr.P.C . for grant of anticipatory bail.”
2. The facts of the case are that one Ghanashyam Senapati, working as security guard of the Railway track in Dhamra port, lodged FIR before the Bansada Police Station in the district of Bhadrak alleging that the petitioners were found stealing keys from the railway tracks and fled away from the spot being detected thus. Basing on such FIR, Bansada P.S. Case No. 311 of 2022 was registered under Sections 379/34 of IPC followed by investigation.
3. The petitioners being CCLs, filed an application in the court of Sessions Judge, Bhadrak under Section 438 of Cr.P.C . for grant of anticipatory bail.
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