High Court allowed criminal revision opposing rejection of bail for a juvenile. Directed release on bail with conditions including surety and monthly reporting by Probation Officer to Juvenile Justice Board.
Petitioner directed to be released on bail with Rs.10,000 bond and two sureties; Probation Officer to report monthly.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 149 of 2021
....
Rahul Paswan
.… Petitioner
Versus
The State of Jharkhand .... Opposite Party
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Anil Kr. Ganjhu, Adv. For the Opposite Party : Mr. Anup Kr. Dey, APP
The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.
03/05.08.2021 The instant application has been filed against the order dated 09.02.2021 passed by the learned Additional Sessions Judge-I, Hazaribag in Criminal Appeal (Juvenile) No.02 of 2021 by which the prayer for bail of the petitioner has been rejected in connection with Korrah P.S. Case No.204 of 2019, for the offence under Sections 457 & 380 of the Indian Penal Code and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Hazaribag.
It is submitted by learned counsel for the petitioner that the juvenile petitioner is in probation home since 07.11.2020. It has been further submitted that the juvenile petitioner has approached this Court for release through his father, who is ready and willing to keep his minor child under his custody with proper care. The allegation of theft has been leveled against this juvenile petitioner. On above facts, prayer for bail has been made.
Learned A.P.P. has opposed the prayer for bail.
Having heard learned counsel for the parties and from perusal of records and the social investigation report, it appears that the petitioner is a normal boy but not interested in studies.
Considering the mandate of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, J.J. Board, Hazaribag in connection with Korrah P.S. Case No.204 of 2019, subject to condition that one of the bailor must be the father of the petitioner.
Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Hazaribag regarding the up keeping of minor.
Accordingly, instant criminal revision is allowed and the impugned order dated 09.02.2021 passed by the learned Additional Sessions Judge-I, Hazaribag in Criminal Appeal (Juvenile) No.02 of 2021 is, hereby, set aside.
(Rajesh Kumar, J.)
Shahid/
2 issues framed by the court
Whether to allow the bail application filed by a juvenile petitioner against the rejection order.
Whether the petitioner, being a normal boy but not interested in studies, can be released on bail with conditions.
1 provisions across 1 enactments
Rahul Paswan
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
