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2012 DIGILAW 334 (ORI)

Srikanta Rahana v. State of Orissa

2012-08-03

S.PANDA

body2012
ORDER Heard learned counsel for the parties. This criminal revision has been filed by the petitioner challenging the order 6.3.2012 passed by the learned Sessions Judge, Sambalpur in Criminal Appeal No.5 of 2012 confirming the order dated 23.2.2012 passed by the learned Principal Magistrate-cum-Juvenile Justice Board-cum-Chief Judicial Magistrate, Sambalpur in G.R. No.1970/42 of 2011. From the record, it appears that one of the grounds for rejection of the bail application of the petitioner by the learned Sessions Judge, Sambalpur in Criminal Appeal No.5 of 2011 is that the parents of the appellant have not filed any petition that, if the appellant is released on bail, they will take care of him and prevent him from coming in contact with any known criminal or shield him from any kind of danger. From the record, it further appears that one Malia Rahana, the father of the petitioner, has filed an affidavit before this Court on 30.5.2012 stating therein that he undertakes to take of his son (petitioner) and he shall prevent the petitioner from coming in contact with any known criminals and he will stand as a surety and furnish an undertaking to the effect that he will look after the juvenile and shall not allow him to mix with criminal. Considering the above affidavit of the father of the petitioner-juvenile, this Court sets aside the impugned orders passed by the Courts below and remits the matter to the learned Sessions Judge, Sambalpur to consider the bail application of the petitioner afresh. The learned Sessions Judge while considering the bail application of the petitioner shall take into consideration the affidavit filed by his father, namely, Malia Rahana and if necessary he may call for personal appearance his father-Malia Rahana to ascertain the fact as stated in the said affidavit dated 30.5.2012 and pass a reasoned order. The criminal revision is accordingly allowed. Issue urgent certified copy. Crl. Revision allowed.