Revision application against an order rejecting bail for a juvenile petitioner, alleged to be below 15 years at the time of the crime in a murder case, was filed in the Jharkhand High Court.
Impugned order rejecting bail is set aside; petitioner released on bail with mother as surety and monthly reporting by Probation Officer.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.226 of 2021
Mangra Oraon …… Petitioner
Versus
The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Ms. Anuradha Sahay, A.P.P ---------
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
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03/Dated: 02nd July, 2021
1. The instant revision application has been filed against the order dated 23.03.2021, passed by the court of learned Additional Sessions Judge – 1 -cum- Special Judge (Children's Court), Gumla, in Criminal Appeal Case No.10 of 2021, by which the prayer for bail of the petitioner has been rejected in connection with Sisai P.S. Case No.05 of 2020 (Spt. G.R. No.191 of 2020), registered for the offence under Section 302/ 427/ 379/ 34 of the Indian Penal Code.
2. It has been submitted by the learned counsel for the petitioner that the juvenile/ petitioner was below 15 years at the time of commission of crime. The allegation is that an altercation had taken place between the boy and girl which resulted subsequently into death of the deceased. It has been submitted that no specific role has been assigned of this petitioner. It has further been submitted that the application has been moved through the mother of the petitioner, who is ready and willing to maintain and take proper care of the juvenile in her custody. On the above grounds, prayer for bail of the juvenile has been made.
3. On the other hand, learned A.P.P has opposed the prayer for bail.
4. Considering the age of the juvenile, the period of custody and the social investigation report, the petitioner, above named, is directed to be released on bail on his
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furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Gumla in connection with Sisai P.S. Case No.05 of 2020 (Spt. G.R. No.191 of 2020), subject to the condition that one of the bailors must be the mother of the petitioner.
Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Gumla regarding the upkeeping of minor.
5. Accordingly, the instant criminal revision is allowed and the impugned order dated 23.03.2021, passed by the court of learned Additional Sessions Judge – 1 -cum- Special Judge (Children's Court), Gumla, in Criminal Appeal Case No.10 of 2021 is, hereby, set aside.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether the juvenile petitioner below a certain age charged with murder should be released on bail.
Whether the impugned order rejecting bail against the juvenile was correct.
Mangra Oraon
State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
