The High Court dismissed a bail appeal concerning a juvenile accused of murder and kidnapping. The Court affirmed the rejection of bail and directed the appellant to face trial.
Bail prayer rejected; criminal appeal dismissed; juvenile to be faced with trial.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.166 of 2020
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Sohel Sheikh @ Souhal … … Appellant Versus The State of Jharkhand … … Respondent
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--- For the Appellant : Mr. S.K. Murtty, Adv. For the State : Mr. Ravi Prakash, Spl.P.P. ---
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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13/14.07.2021: Heard Mr. S.K. Murtty, learned counsel appearing for the appellant and Mr. Ravi Prakash, learned Spl.P.P. appearing for the State.
2. The criminal appeal has been filed against the impugned order dated 14.01.2020 passed by the learned Special Judge, Children Court, Giridih, in Children Case No.18 of 2019 (M.C.A. No.46 of 2020) arising out of Giridih (M) P.S. Case No.147 of 2019, registered for the offence under Sections 364, 120B and 34 of the Indian Penal Code, further Sections 302 and 201 of the Indian Penal Code were added, whereby and whereunder the bail of the appellant has been rejected and now pending in the court of the learned Special Judge, Children Court, Giridih.
3. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 15.07.2019.
4. Vide order dated 19.10.2020, the forensic report has been called for in connection with Children Case No.18 of 2019 (M.C.A. No.46 of 2020), arising out Giridih (M) P.S. Case No.147 of 2019 which is kept on record.
From perusal of the forensic report, it appears that the forensic report matches with the allegation as alleged. Further, the nature of crime and manner of the commission of crime and considering the age of the victim, the Board and the Children’s Court has rightly found it to be a fit case to put the juvenile on trial. Accordingly, let the juvenile-appellant be faced the trial.
5. Considering the nature of crime and manner of commission of crime and the materials available on record, I am not inclined to enlarge the appellant on bail. Hence, the prayer for bail of the appellant is, hereby, rejected.
6. Accordingly, instant criminal appeal being Criminal Appeal (S.J.) No.166 of 2020 stands dismissed.
(Rajesh Kumar, J.)
Amar/-
2 issues framed by the court
Whether the High Court should accept the bail prayer in a criminal appeal against bail rejection.
Whether the juvenile-appellant should be faced with trial given the nature of the crime.
2 provisions across 1 enactments
Sohel Sheikh @ Souhal
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
