IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLREV NO. 516 OF 2021

Swadhin Mandangi@

Arya @ Arjuna

&.

Petitioner

Mr.G.Sahu, Advocate

-versus-

State of Odisha &. Opposite Party

Mr.S.N.Roula, ASC

CORAM:

JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

20.01.2022

01

1. This matter is taken up by virtual mode

2. Heard learned counsel for the petitioner and learned counsel

for the State.

3. The petitioner in this revision has challenged the impugned

order dated 16.11.2021 passed by the learned Principal

Magistratre, Juvenile Justice Board, Rayagada, in Criminal

Appeal No.03 of 2021 corresponding to G.R. Case No.12 of

2019(JJC- 20 of 2019).

4. Learned counsel for the petitioner submits that the petitioner

has not committed any offence. He is an innocent boy. But, he

was arrested and taken to custody on 20.06.2019 based on the

FIR allegation. Since then he has been languishing in custody.

The petitioner had moved his bail application before the learned

Sessions Judge, Rayagada with a prayer to enlarge him on bail.

But, the learned Sessions Judge, Rayagada has rejected the

petition without appreciating the facts and law in its proper

perspective.

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Page 2 of 3

5. Being aggrieved with the order dated 14.05.2020 passed by

the learned Sessions Judge, Rayagada in BLAPL No.112 of

2020, the petitioner moved this Court in CRLA No.623 of 2020

which was disposed of by this Court granting interim bail to the

petitioner for a period of four months. Thereafter, abiding by the

conditions, he, being the minor, surrendered before the Juvenile

Justice Board after completion of the interim period. It is further

submitted that the co-accused who is similarly situated with the

petitioner, has already been enlarged on bail by order of this

Court vide BLAPL No.7166 of 2021. Apart from that , none of

the witnesses have whispered a single incriminating word

against the petitioner.

6. 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

Hon9ble 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 Hon9ble Apex Court has directed that the JJBs

and Children9s 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

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Page 3 of 3

reasons for the application of the proviso to

Section 12, JJAct, 2015.21.=

Considering the above submissions made and the directions of

the Hon9ble Supreme Court of India , it is directed that the

petitioner CCL be released on bail by the learned Principal

Magistrate, Juvenile Justice Board, Rayagada in the aforesaid

case with some stringent terms and conditions as the court deem

fit and proper.

7. The CRLREV is accordingly disposed of being allowed.

8. As the restrictions due to resurgence of Covid-19 are

continuing, learned counsel for the parties may utilize a printout

of the order available in the High Court9s website, at par with

certified copy, subject to attestation by the Advocate

concerned with his/her seal, in the manner prescribed vide

Court9s Office Order dated 7^th January, 2022.

(S.K.Panigrahi)

Judge

LB