Orissa High Court: V Narasingh, J. disposed of the bail application and restrained the Court to not grant any further adjournments and released the petitioner on bail.
The facts of the case are such that the petitioner is an CCL i.e. child in conflict with law and an accused on the files of Additional Session Judge-Cum- Special Judge Protection of Children from Sexual Offences Act i.e. POCSO Act, Bargarh, arising out of J.G.R. under Sections 450/307/302/34/120-B of Penal Code, 1860 i.e. IPC and is in custody since 08-12-2018. Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the Additional Session Judge-Cum- Special Judge POCSO Act, Bargarh, by order dated 23-07-2019 in the aforementioned case, the present BLAPL was filed.
The petitioner is in custody since 08-12-2018. The Court called for up to date information of the investigation and the case by various notices but the case diary was not made available to this Court.
The Court observed that as the petitioner is in custody since 08-12-2018, she cannot be allowed to suffer because of the apathy of investigating agency. The proceedings of the High Court cannot be held hostage to the whims of the investigating agency and for their lackadaisical attitude, rights of an accused cannot be marginalized, needs no emphasis.
The Court remarked “It is indeed disconcerting that the concerned District police administration have scant regard for the orders passed by this Court and have chosen to disregard repeated communication from the office of the Advocate General for submission of Case Diary for which the Case has to suffer adjournments.”
The Court further remarked It is fervently hoped that necessary corrective action shall be taken so as to make the Police machinery more responsive to the needs of administration of justice.
The Court thus held “Considering the age of the petitioner and the period of custody this Court is constrained not to grant any further adjournment to the counsel for the State.”
It was directed to the authorities “the petitioner to be released on bail on such terms to be fixed” [Roshni Meher v. State of Odisha, 2022 SCC OnLine Ori 1393, decided on 12.05.2022]
For Petitioner: Mr. D.P. Pattanaik
For Opposite Party: Ms. S. Mishra