Allowed

MD Mehendi Hassan Alias MD Mehendi Ansari v. the State of Jharkhand

Jharkhand HC6 Jul 2021Cr.Rev./53/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision and set aside the Additional Sessions Judge's order rejecting the petitioner's bail application. directed his release on bail with maternal grandmother as a surety subject to probation officer reports under the Juvenile Justice Act.

What did the court decide?

Criminal Revision allowed; order dated 15.01.2021 set aside; petitioner directed to be released on bail.

MD Mehendi Hassan Alias MD Mehendi Ansari Vs the State of… — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No. 53 of 2021

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Md. Mehendi Hassan @ Md. Mehendi Ansari @ Mehendi Ansari

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…. ….Petitioner

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-Versus-

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The State of Jharkhand …. ….Opp. Party CORAM:-HON’BLE MR. JUSTICE RAJESH KUMAR ……. For the Petitioner : - Mrs. Seema Kumari Singh, Adv. For the State : - Mrs. Shweta Singh, APP For the Informant : Mr. Vikash Kumar, Adv.

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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 were good.

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06/06.07.2021 Heard learned counsel for the parties.

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The instant application has been filed against the order dated 15.01.2021 passed by Sri Radha Krishan, learned Additional Sessions Judge-I, Jamshedpur, East Singhbhum, in Criminal Appeal No. 01 of 2021 by which the prayer for bail of the petitioner has been rejected in connection with Mango P.S. Case No. 86 of 2020 corresponding to G.R. No. 933 of 2020 registered for the offence under Section 302/34 of the Indian Penal Code and the same is presently pending in the court of learned Principal Magistrate, Juvenile Justice Board, Jamshedpur.

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It is submitted by the learned counsel for the petitioner that the petitioner is in observation home since 17.04.2020. Investigation is complete and he is ready to co-operate with the trial. It has been alleged that the FIR has been lodged under Section 302/34 of the Indian Penal Code against three known persons and some unknown persons. Specific role has been assigned to the known persons. The name of this petitioner has come on the confessional statement of co-accused namely Vicky. No specific role has been assigned to this petitioner by alleging eyewitness, who is the informant in this case. It has been further submitted by the learned counsel for the petitioner that father of the petitioner has already died and parwikar is the maternal grand-mother of the petitioner and she is ready and willing to keep minor child under her custody with proper care. On the above facts, prayer for bail has been made.

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Learned A.P.P. for the State has opposed the prayer for bail.

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Learned counsel for the informant has appeared and has opposed the prayer by stating that on trivial issue, murder has been committed by the group of teenagers and the manner of commission of crime does not justify for bail.

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Considering the period of custody and the role assigned by this petitioner and considering the interest of juvenile mandated under Section 3 of the JJ Act, 2015 and the fact that the maternal grand-mother of the petitioner is ready and

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willing to keep minor child under her custody with proper care, 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 the court of Principal Magistrate, Juvenile Justice Board, Jamshedpur in connection with Mango P.S. Case No. 86 of 2020 corresponding to G.R. No. 933 of 2020 subject to condition that one of the bailor must be the maternal grand-mother of this petitioner.

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Further, the concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Jamshedpur regarding up keeping of minor. Accordingly, instant criminal revision is allowed and the order dated 15.01.2021 passed by Sri Radha Krishan, learned Additional Sessions Judge-I, Jamshedpur, East Singhbhum, in Criminal Appeal No. 01 of 2021 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Kamlesh/

MD Mehendi Hassan Alias MD Mehendi Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Mehendi Hassan Alias MD Mehendi Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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