CUTTACK: Granting bail to a child in conflict with law (CCL) who is in custody for over three years, the Orissa High Court on Thursday said its proceedings "cannot be held hostage to the whims of the investigating agency and for their lackadaisical attitude, rights of an accused cannot be marginalised".
The CCL Roshni Meher, an accused in a murder case registered at Bijepur police station in Bargarh district, had filed bail petition in the High Court on June 22, 2021. It challenged the order of the Protection of Children from Sexual Offences (POCSO) Court at Bargarh rejecting her bail plea on July 23, 2019. She has been in custody since December 8, 2018.
The single judge bench of Justice V Narasingh said, "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."
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, Justice Narasingh said, while asking the Registry to send copies of the order to Principal Secretary. Home department, DGP, DIG (Western Range) and SP Bargarh.
"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. On a conspectus of the materials on record, this court directs the petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter," Justice Narasingha said in his May 12 order.