Khushi Gupta
Published on: May 16, 2022 at 17:52 IST
The Orissa High Court granted Bail to a child in conflict with Law after she remained in Custody for over ‘three years’.
A Single Judge Bench of Justice V. Narasingh came down heavily on the Police for its apathetic approach and observed, “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 Petitioner is an Accused and was in Custody since 08.12.2018. Being aggrieved by the Rejection of her Bail Application on 23rd July 2019 by the Additional Session Judge-Cum-Special Judge POCSO Act, Bargarh, she filed the present Bail application.
By an Order dated 24.06.2021, the High Court took note that the Petitioner is a Child in Conflict with Law.
The Court came down heavily on the Police for its casual approach. It observed, “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.”
Considering the age of the Petitioner and the period of Custody, the Court decided not to grant any further Adjournment to the Counsel for the State. After perusing the materials on record, it directed the Petitioner to be released on Bail on such terms to be fixed by the Court in possession over the matter.
Further, it requested the Registry to send a Copy of the Order to Principal Secretary, Home Department, Government of Odisha, Director General of Police, Range DIG and the concerned Superintendent of Police for their knowledge and necessary action.