Criminal revision allowing bail to petitioner charged for alleged abetting suicide. Court granted release on conditions despite opposition, noting non-adverse social report and lack of antecedents.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties, subject to conditions of supervision and attendance.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 350 of 2018
Farhan Ahmad … … Petitioner
Versus The State of Jharkhand … … Opposite Party ---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. Sudhir Kumar, Advocate For the Opposite Party : Mr. Abhay Kumar Tiwari, A.P.P.
5/07.08.2018 Heard Mr. Sudhir Kumar, learned counsel for the petitioner and Mr. Abhay Kumar Tiwari, learned A.P.P. for the State.
This application is directed against the order dated 22.02.2018 passed by the learned Sessions Judge, West Singhbhum, Chaibasa in Criminal Appeal No. 2 of 2018 by which the order dated 18.12.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Chaibasa in G. R. No. 551 of 2017 rejecting the prayer for bail of the petitioner has been affirmed.
Submission has been advanced by the learned counsel for the petitioner that merely on suspicion the petitioner has been implicated for abetting to suicide of the deceased.
It appears that the Social Investigation Report is not adverse to the cause of the petitioner and he is in remand home since 18.12.2017.
Learned A.P.P. for the State opposed the prayer.
It appears from the allegation made in the FIR that the daughter of the informant was found hanging in the room and subsequently it came to light that the petitioner was having love affair with the deceased and it is alleged that on several occasions, the petitioner used to misbehave with the deceased which was understood by the informant as abetting the deceased for committing suicide. The petitioner and the deceased appears to be of the same age group and there does appear to be love affair between both of them.
Considering the fact that the petitioner is in custody since 18.12.2017 and he does not have any criminal antecedent and the Social Investigation Report being not adverse to his cause while setting aside
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the orders dated 22.02.2018 and 18.12.2017, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Chaibasa in connection with G. R. No. 551 of 2017, subject to a condition that, the father of the petitioner will keep the petitioner at a safe place and will not allow him to meet any bad element and further directed to produce the petitioner before Juvenile Justice Board, Chaibasa on each and every date fixed in the concerned case, till the conclusion of the inquiry.
This application stands allowed.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the petitioner is entitled to bail considering the Social Investigation Report is not adverse and he has no criminal antecedents.
Farhan Ahmad
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court