Revisions directed against a bail rejection order for a juvenile detained for over three years under the J.J. Act, 2015; bail granted.
Bail granted on furnishing Rs.10,000 bail bond with two sureties and executing an undertaking for proper supervision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1602 of 2019
Gole Paharia … Petitioner Versus The State of Jharkhand …..Opp. Party -------CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner :Mr. Ashok Kumar, Advocate For the State :Mr. Srabani Sannyal, APP
06/Dated: 01.09.2020
1. This revision is directed against the order dated 05.09.2019, passed in Cr. Appeal No.22 of 2019, whereby the learned Additional Sessions Judge-1, Pakur, has rejected the prayer for bail of the petitioner-juvenile, in connection with Littipara P.S. Case No.09 of 2017, (G.R. No.105 of 2017) registered under Section 376 of the Indian Penal Code.
2. Having heard the learned counsel for the petitioner and learned A.P.P and on perusal of the record it appears that the petitioner has been detained in observation home since 06.03.2017, i.e., for more than three and half years till date.
Considering the period of detention and in view of the provisions of Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, he is directed to be released on bail on his furnishing bail bond of Rs.10,000/(Rupees Ten thousand only) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Pakur, Jharkhand, in connection with Littipara P.S. Case No.09 of 2017, (G.R. No.105 of 2017), on the condition that one of the bailor shall be the parent or guardian of the petitioner, who shall execute a bond and an undertaking (i) to ensure proper supervision and good behaviour of the petitioner, (ii) he/she shall ensure to take proper care that the petitioner does not come in contact with any anti-social element, and (iii) shall produce the petitioner before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the supervision report to the Board for needful.
In case of any adverse remark the Board is at liberty
2
to pass necessary order in accordance with the provisions of the J.J. Act, 2015. The petitioner shall be present before the Board till the conclusion of the enquiry.
3 . With the aforesaid direction, the revision is, hereby, allowed.
(AMITAV K. GUPTA, J.)
Tarun / -
1 provisions across 1 enactments
Gole Paharia
The State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
