The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 36 of 2023 Ajay Kumar The State of Jharkhand ------ Versus ------- … ... Appellant … … Respondent
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR --------. For the Appellant For the State : Mr. Kripa Shankar Nanda, Advocate : Mr. Azeemuddin, A.P.P. -------- Order No. 05 / Dated: 25th April, 2023 Heard learned counsel appearing on behalf of the appellant and the learned counsel appearing on behalf of the State. 2. This criminal appeal is directed against the order dated 13.12.2022 passed by the Court of learned Additional Sessions Judge-cum-Special Judge, (Children Court), Simdega, in Misc. Criminal Application No. 418 of 2022 in Special (Children) Case No. 07 of 2022, arising out of Bano P.S. Case No. 25 of 2021, G.R. No. 401/2021 (S-1), registered for the offence under Sections 364, 302, 201. 120-B of the Indian Penal Code, whereby and where under the bail of the appellant has been rejected. 3. Learned counsel appearing on behalf of the appellant has submitted that the allegation against the appellant is that he alongwith the co-accused persons had killed the deceased Sandeep Singh who was the brother of the informant. It has also been submitted that it is a case of last seen together with the deceased with this appellant. It has also been submitted that the appellant is in jail since 02.06.2021. Learned counsel for the appellant has further submitted that the trial of this case has commenced after framing of the charge and therefore, the possibility of tampering the evidence is very remote. 4. It has been further submitted that some of the witnesses have been examined including the informant during the course of trial and the informant P.W.-2 did not support the case of the prosecution and did not utter a single word in his deposition that it was this appellant who had committed the murder of his brother rather he had stated that both had been good friends and this informant knew this appellant since his childhood because his maternal house (Nanihal) was situated in the village of the informant. -2- Cr. Appeal (S.J.) No. 36 of 2023 5. Further it has also been pointed out that on the basis of the confessional statement of the appellant some of the incriminating articles have been recovered but it could not be ascertained as to whether the same was used in the commission of the offence or as to whether the same was belonging to the deceased or not for want of F.S.L. examination report. Learned counsel for the appellant has also pointed out that in the social investigation report there is no adverse remark against this appellant and therefore, he deserves to be enlarged on bail. 6. On the other hand learned counsel appearing on behalf of the State has opposed the contentions raised on behalf of the appellant and submitted that although it is a case of last seen of the deceased with the appellant but on the basis of the confessional statement of the appellant Ajay Kumar some incriminating articles have been recovered including the blood stained knife although the same has not been chemically examined in order to ascertain as to whether the blood stain was of the deceased or not and therefore, he does not deserved to be enlarged on bail. 7. 8. Having heard the parties, perused the records of this case. The appellant is a child in conflict with law aged about 17 years. Further, it is found that the appellant is in jail since 02.06.2021 and the trial of the case has commenced and some of the witnesses i.e. P.W.-1, Sagar Singh, P.W.-2, Binod Singh the informant and P.W.-3, Kameshwar Singh have been examined but they did not utter a single word about the involvement of this appellant in the commission of the offence. Further, from the social investigation report it appears that there is no adverse remark against the appellant and there is no criminal history found against this appellant. Further it also appears that due to lack of the parental guardianship and proper care the child is said to have been got involved in such type of offence. Further it appears from the social investigation report that the child has been interested in continuing with his studies and he has been obedient to his elders also and having very congenial relationship with his friends and dears. 9. In this view of the matter, it is found that if the appellant is released on bail he will not come in association of any known criminal. Further it is found that the detention of the appellant is very long in the observation-cum-Special Home since 02.06.2021 and therefore, his further detention in custody may expose him to mental, moral, physical and physiological danger to his life and therefore, in the interest of justice it is conducive to enlarge the appellant on bail. -3- Cr. Appeal (S.J.) No. 36 of 2023 10. In this backdrop the appellant is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand only) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, (Children Court), Simdega, in Misc. Criminal Application No. 418 of 2022 in Special (Children) Case No. 07 of 2022, arising out of Bano P.S. Case No. 25 of 2021, G.R. No. 401/2021 (S-1), subject to the conditions as set out u/s 439 of the Cr.P.C. and further subject to the conditions as stated below:- i. ii. One of the bailers will be his parents. The father of the appellant will give an undertaking that he will continue the study of the child. iii. The Legal-cum-Probation Officer shall also ensure that proper counselling of the child in conflict with law is conducted intermittently in order to facilitate him to continue his further studies. iv. v. The father of the appellant will give an undertaking that he will get the child admitted in the school and he will take proper care of the child. The appellant will co-operate in the trial /inquiry pending in the court below; and will remain present on each and every date as and when required by the Children Court, failing which appropriate order shall be passed for the cancellation of the bail of the appellant. vi. Any other condition or conditions as the learned court below may deem fit and proper in the interest of the child. 11. Accordingly, this Criminal Revision application is allowed and the order dated 13.12.2022 passed by the Court of learned Additional Sessions Judge-cum- Special Judge, (Children Court), Simdega, in Misc. Criminal Application No. 418 of 2022 in Special (Children) Case No. 07 of 2022, arising out of Bano P.S. Case No. 25 of 2021, G.R. No. 401/2021 (S-1), is hereby set aside. 12. Let a copy of this order be sent to the Secretary, D.L.S.A., Simdega, in order to ensure that the directions given in this order in the interest of the child in conflict with law are complied. -4- Cr. Appeal (S.J.) No. 36 of 2023 13. In above view of the matter this Criminal Appeal is allowed and the order dated 13.12.2022 passed by the Court of learned Additional Sessions Judge-cum-Special Judge, (Children Court), Simdega, in Misc. Criminal Application No. 418 of 2022 in Special (Children) Case No. 07 of 2022, arising out of Bano P.S. Case No. 25 of 2021, G.R. No. 401/2021 (S-1), is hereby set aside. J.Minj (Navneet Kumar, J.)