Allowed

Subojeet Kumar Mandal Alias Subo Mandal Alias Subojit Mandal v. The State Of Jharkhand

Jharkhand HC4 Jul 2016Cr.Rev./507/2016

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision applying for bail. The court set aside lower orders refusing release and directed the petitioner's release on bail with specific conditions, noting his prolonged custody and the nature of allegations.

What did the court decide?

Petitioner directed to be released on bail of Rs. 10,000 with two sureties; father must produce petitioner on each date fixed.

Subojeet Kumar Mandal Alias Subo Mandal Alias Subojit… — Bail and Remand | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 507 of 2016

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Suboyjeet Kumar Mandal @ Subo Mandal @ Subojit Mandal, S/o Sri Ujjawal Kanti Mandal @ Asish Mandal, R/o Gaushala Road, P.S. Dumka(T), P.O. Dumka, District-Dumka, represented through natural guardian father of the petitioner namely Sri Ujjawal Kanti Mandal@ Asish Mandal, R/o Gaushala Road, P.S. Dumka (T), P.O. Dumka, District-Dumka.

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..... Petitioner

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Versus

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The State of Jharkhand. ... .Opposite Party

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate For the State : Mr. Shekhar Prasad Sinha, A.P.P.

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04/4.7.2016 Heard the parties.

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This appeal is directed against the order dated 18.03.2016, passed by the learned Sessions Judge, Dumka in Criminal Miscellaneous Appeal No. 16 of 2016, by which order dated 5.2.2016 passed by the Juvenile Justice Board, Dumka in Inquiry No. 93/2016, G.R No. 1474 of 2015, arising out of Dumka (T) P.S. Case No. 284 of 2015 refusing to release the petitioner has been affirmed and the appeal was dismissed.

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It has been submitted by the learned counsel for the petitioner that only on account of confessional statement of co-accused-Raja Kumar Yadav several children including the petitioner have been implicated. It has further been submitted that there is no recovery from the petitioner and in fact the petitioner belongs to a reputed family. It has also been submitted that other persons who were apprehended on the basis of confessional statement of Raja Kumar Yadav, who have been declared juvenile, have already been released by this Court in Cr. Rev. No. 464 of 2016. Learned counsel submits that petitioner is in custody since 16.12.2015.

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Learned A.P.P. has supported the impugned order.

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In view of nature of allegations levelled against the petitioner and the period of custody, which he has undergone coupled with the fact that other apprehended juveniles have already been released on bail by this Court, this application is allowed.

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Petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten Thousand) only, with two sureties of the like amount each to the satisfaction of Juvenile Justice

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-2-

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Board, Dumka, in connection with Dumka (T) P.S. Case No. 284 of 2015, Inquiry No. 93 of 2016, G.R. No. 1474 of 2015, arising out of Dumka (T) P.S. Case No. 284 of 2015, with a condition that one of the bailers must be the father of the petitioner. The father of the petitioner is directed to produce the petitioner before Juvenile Justice Board, Dumka on each and every date fixed in the concerned case, till the conclusion of the inquiry.

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Accordingly, this revision application is hereby allowed. The order dated 18.03.2016, passed by the learned Sessions Judge, Dumka in Criminal Miscellaneous Appeal No. 16 of 2016 is hereby set aside.

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(Rongon Mukhopadhyay, J)

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Rakesh/

Subojeet Kumar Mandal Alias Subo Mandal Alias Subojit Mandal v. The State Of Jharkhand

Case brief

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Subojeet Kumar Mandal Alias Subo Mandal Alias Subojit Mandal v. The State Of Jharkhand

Case brief

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What did the court decide?

What the court decided

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