Orissa High Court Grants Bail for Bailable Offence, Upholds Fundamental Right to Personal Liberty

Court underscores violation of Article 21 of the Constitution of India in denying bail for a bailable offence under POCSO Act.

In a significant ruling, the Orissa High Court has granted bail to Ramesh Chandra Sahoo, the Principal of Swami Arupananda Higher Secondary School of Education & Technology, Kurtanga, accused under the Protection of Children from Sexual Offences Act (POCSO Act). The judgment, delivered by Justice G. Satapathy, emphasized the violation of Article 21 of the Constitution of India, which guarantees the fundamental right to personal liberty, when bail is denied for a bailable offence.

Ramesh Chandra Sahoo was implicated under Section 21(2) of the POCSO Act for failing to report a complaint of sexual harassment made by a student against a Math Lecturer. The maximum punishment for this offence is one year, classifying it as bailable under the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court reiterated that denying bail in such cases contravenes the fundamental rights enshrined in the Constitution.

The Court observed that the POCSO Act, while comprehensive in terms of defining offences and prescribing punishments, does not classify offences as cognizable/non-cognizable or bailable/non-bailable. Therefore, the classification relies on the Bharatiya Nagarik Suraksha Sanhita, 2023, which parallels the Code of Criminal Procedure, 1973.

Justice Satapathy highlighted the oversight in the lower court's decision to remand the petitioner to custody, stressing that in bailable offences, the accused has a right to be released on bail. The failure to grant bail in this instance was deemed a deprivation of personal liberty and a violation of constitutional rights.

This ruling mandates the immediate release of Sahoo on bail, setting aside the previous order of remand. The Court directed that a copy of the judgment be circulated to all courts handling POCSO Act cases to prevent future violations of fundamental rights.

Bottom Line:

Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for an offence punishable under Section 21(2) of POCSO Act - Offence classified as bailable considering maximum punishment under Table II of First Schedule of BNSS - Denial of bail for bailable offence violates Article 21 of the Constitution of India - Bail granted and remand order set aside.

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 19(1), 21(2), 33(1); Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483; Constitution of India, Article 21.

Ramesh Chandra Sahoo v. State of Orissa, (Orissa) : Law Finder Doc Id # 2796447