The High Court allowed a criminal revision challenging the dismissal of a bail appeal. The Court directed the Sessions Judge to set aside his order and pronounced that the juvenile petitioner be released on bail.
Directed the impugned order of the Principal District & Sessions Judge be set aside and the petitioner released on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.708 of 2020
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Prem Kumar Baske … … Petitioner Versus The State of Jharkhand … … Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--- For the Petitioner : Mr. Shailesh Kr. Pandey, Adv. For the State : Mr. Bishambhar Shastri, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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06/19.08.2021: The instant revision application has been filed against the order dated 16.06.2020 passed by the court of learned Principal District & Sessions Judge, Ramgarh in Criminal Appeal (Bail) No.29 of 2020, whereby and whereunder the petitioner preferred the criminal appeal against the order dated 18.03.2020, by which the prayer for bail of the petitioner has been rejected by the learned Principal Magistrate, Juvenile Justice Board, Ramgarh, in connection with Gola P.S. Case No.105 of 2019, registered for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code and under Section 101 of the J.J. Act, 2015. Now, the case is pending in the court of the learned Principal Magistrate, Juvenile Justice Board, Ramgarh.
It is submitted by the learned counsel for the petitioner that the petitioner is in observation home since 24.01.2020 and aged about 14 years. The allegation is that the children were taking bath by diving in a well and it has been suspected that this petitioner pushed the deceased which is the reason for death. The juvenile has approached this Court through his father as petitioner’s father is ready to keep this juvenile in his proper custody. On this basis, prayer for bail has been made.
Learned counsel for the State has opposed the prayer for bail. Considering the nature of allegation and age of the petitionerjuvenile and social investigation report, the Court is of the opinion that the minor should be released in favour of the father who is the pairwikar in the present case. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
2
Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Ramgarh in connection with Gola P.S. Case No.105 of 2019, subject to condition that one of the bailors will be the father of the petitioner.
Further, concerned Probation Officer is directed to report, once in three months, to the Juvenile Justice Board, Ramgarh regarding the upkeeping of the minor.
Accordingly, instant criminal revision being Criminal Revision No.708 of 2020 is allowed and the impugned order dated 16.06.2020 passed by the court of learned Principal District & Sessions Judge, Ramgarh in Criminal Appeal (Bail) No.29 of 2020 is, hereby, set aside.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether to allow the revision against the High Court order refusing bail to a juvenile accused in an attempt to murder case.
2 provisions across 2 enactments
Prem Kumar Baske
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
