Allowed¶16

Mohit Hembram Alias Mohit Hembrom v. the State of Jharkhand

Jharkhand HC12 Nov 2024Cr.A(SJ)/724/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; Cr. Appeal (SJ) No. 724 of 2024; Sanjay Kumar Dwivedi, J.; juvenile bail appeal; Mohit Hembram @ Mohit Hembrom; POCSO Case No. 01 of 2024; Rajnagar P.S. Case No. 62 of 2023; Children Case No. 11 of 2024; Seraikella Kharsawan; M.C.R.A. No. 893 of 2024; rejection of bail set aside; regular bail granted on parity with co-accused (B.A. Nos. 4248, 8703, 8744 of 2024); custody since 09.11.2023; bail bond Rs. 25,000/- with two sureties.

What did the court decide?

Release on regular bail upon furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella, in connection with POCSO Case No. 01 of 2024 / Children Case No. 11 of 2024. ¶16

Mohit Hembram Alias Mohit Hembrom Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether regular bail should be granted to the appellant (a juvenile, aged about 17 years) in POCSO Case No. 01 of 2024 despite the rejection of his bail application by the Additional Sessions Judge-I-cum-Special Judge (Children Cases), Seraikella.

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Court's answer

Regular bail granted to the appellant, considering his custody since 09.11.2023 and that the co-accused persons had been granted bail by the Coordinate Bench; appellant directed to be released on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella.

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Ratio / Principle

Appeal allowed and disposed of; the impugned order dated 17.09.2024 passed in M.C.R.A. No. 893 of 2024 by the Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella is set aside.

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Detailed headnote1 paragraphs

Juvenile appellant (Mohit Hembram @ Mohit Hembrom, aged about 17 years) sought regular bail in Cr. Appeal (SJ) No. 724 of 2024 against rejection of his bail application dated 17.09.2024 (M.C.R.A. No. 893 of 2024) by the Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella in POCSO Case No. 01 of 2024 (Rajnagar P.S. Case No. 62 of 2023, corresponding to Children Case No. 11 of 2024). Counsel submitted the prosecutrix gave complete go-bye to the prosecution case, the appellant was in custody since 09.11.2023, and co-accused had been granted bail by the Coordinate Bench (B.A. Nos. 4248, 8703 and 8744 of 2024); the State did not dispute these facts. Considering the duration of custody and bail already granted to co-accused, the Court granted regular bail on a bail bond of Rs. 25,000/- with two like sureties, allowed and disposed of the appeal, and set aside the impugned order.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 724 of 2024

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Mohit Hembram @ Mohit Hembrom aged about 17 years, son of Sukhlal Hembrom, resident of village Tengrani, Post Rajnagar, Police Station Rajnagar, District Seraikella Kharsawan, represented through his father and natural guardian Sukhlal Hembrom, son of Ghasi Manzi, resident of Village Tangrani, Post Rajnagar, Police Station Rajnagar, District Seraikella Kharsawan

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….. Appellant

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Versus

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The State of Jharkhand

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…... Respondent

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---- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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---

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For the Appellant(s) :- Mr. Vikash Kumar, Advocate For the State :- Mr. Satish Kumar Keshri, A.P.P.

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02/12.11.2024 Heard learned counsel for the appellant and learned counsel for the State.

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The present appeal is filed against the order dated 17.09.2024 passed in M.C.R.A. No. 893 of 2024 by the learned Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella in connection with POCSO Case No. 01 of 2024 arising out of Rajnagar P.S. Case No. 62 of 2023, corresponding to Children Case No. 11 of 2024 whereby regular bail of the appellant has been rejected, pending in that court.

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Learned counsel for the appellant submits that the statement of the prosecutrix has been recorded in which prosecutrix has given complete go-bye to the prosecution case. He submits that the appellant is in custody since 09.11.2023. He further submits that co-accused persons have been granted bail in B.A. No. 4248 of 2024, B.A. No. 8703 of 2024, 8744 of 2024 by the Coordinate Bench of this Court.

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Learned counsel for the State opposes the prayer however he does not dispute the aforesaid facts.

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Considering that the appellant is in custody since 09.11.2023 and the co-accused persons have been granted bail in the aforesaid B.As, I am inclined to grant regular bail to the appellant. Accordingly, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella

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in connection with POCSO Case No. 01 of 2024 arising out of Rajnagar P.S. Case No. 62 of 2023, corresponding to Children Case No. 11 of 2024. 6. This appeal is allowed and disposed of and the impugned order dated 17.09.2024 passed in M.C.R.A. No. 893 of 2024 by the learned Additional Sessions Judge-I-cum-Special Judge Children Cases, Seraikella in connection with POCSO Case No. 01 of 2024 arising out of Rajnagar P.S. Case No. 62 of 2023, corresponding to Children Case No. 11 of 2024, is hereby set aside.

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( Sanjay Kumar Dwivedi, J)

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Satyarthi

Mohit Hembram Alias Mohit Hembrom v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mohit Hembram Alias Mohit Hembrom v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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