Pawan Mahto v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No.567 of 2023 Pawan Mahto ..... … Petitioner Versus The State of Jharkhand …. …. Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Altamash Khan, Advocate : Mr. Shailesh Kr. Sinha, APP For the Petitioner For the State -------- 06/18.10.2023
Legal Reasoning
Heard the learned counsel for the petitioner and the learned APP for the State. 2. The instant criminal revision is against the order dated 14th March, 2023 passed in Criminal Appeal No.07 of 2023 by the learned Additional Sessions Judge-I-cum-Special Judge Children Court, Lohardaga, whereby the criminal appeal was dismissed and the order passed by the learned Juvenile Justice Board dated 25.01.2023 was affirmed whereby the bail application of the juvenile was rejected. 3. Learned counsel for the petitioner has submitted that the F.I.R. of this case was lodged against the two named accused including the petitioner. The only evidence against the petitioner and the co-accused is of last seen evidence. The learned Juvenile Justice Board has rejected the bail application of the petitioner on the ground that the offence alleged was heinous and the same was affirmed by the learned appellate court while there is nothing adverse against the petitioner in his social investigation report. 4. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the petitioner and contended that on the confessional statement of co-accused namely, Samdeyal Oraon, the tangi used in commission of the alleged offence was recovered while the dead body was recovered on the pointing out of present petitioner. The last seen evidence is also against the petitioner alongwith the deceased and in social investigation report it has been shown that the parental control was lacking over the juvenile. 5. The prosecution version is that the informant gave the written information with the police station concerned with these allegations that his younger son Rohit Oraon aged about 16 years old after having taken the food had slept at 9 o’ clock in night of 16.08.2022 saying that he would go for 2 Cr. Rev. No.567 of 2023 registration in Inter Class to Ranchi. In the morning at 5 o’ clock, the informant went to the room of her son and found him missing there. She made the phone call over the mobile phone of her son and the same came switched off. On the query being made from the friends of the son of the informant, it was also told that the phone of his son was coming switched off since morning. The informant alongwith her daughter made search of her son but no whereabouts was known. It came to know that her son was seen along with Pawan Mahto and Samdeyal Oraon. On being asked from Pawan Mahto no whereabout was told by him of her son. At 12:30 in night, a phone call came from Pawan Mahto who informed that the dead body of her son was lying in the Well towards the river. The informant along with Chowkidar of the village reached at the indicated place and found the dead body of her son Rohit Oraon. There were injuries on the forehead caused by sharp edged weapon. 6. The informant in her re-statement reiterated the allegations made in the FIR. The statement of the informant is also corroborated with the statement of her daughter Sunita Kumari. The statements of Khidu Oraon and Deonath Oraon were also recorded who stated that they came to know in regard to the occurrence from the informant. The witness Anil Oraon and Sadik Oraon have stated that they had last seen the deceased alongwith the accused Pawan Mahto and Samdeyal Oraon. The call details also corroborated the prosecution story. As per postmortem report, the cause of death was shock and hemorrhage as a result of ante mortem injuries caused by sharp and heavy weapon. As per prosecution case, the dead body also recovered on the disclosure made by the petitioner; while the tangi used in commission of the murder was recovered on the pointing out and the confessional statement of co-accused Samdeyal Oraon. 7. It is also the settled law that while disposing of the bail application of a Juvenile, the gravity and nature of the offence cannot be taken into consideration. The learned J.J. Board and the appellate court both rejected the bail application of the petitioner/juvenile on the very ground taking into consideration the gravity and nature of the offence. It is also the settled law that the bail application of a juvenile should ordinarily be allowed unless and until there are exceptional circumstances as shown in 3 Cr. Rev. No.567 of 2023 proviso of section 12 of the JJ Act. The section 12 of the JJ Act is reproduced hereinbelow: “Section 12. Bail to a person who is apparently a child alleged to be in conflict with law.- (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in- charge of the police station, such officer shall cause the person to be kept only in an observation home 1[or a place of safety, as the case may be,] in such manner as may be prescribed until the person can be brought before the Board. (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order. (4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.” 8. From the very perusal of the social investigation report of the juvenile/petitioner it is found that his relation with the family members, with his friends and neighbors are shown cordial. No criminal antecedent of the juvenile is shown. His company is not shown of any criminal. Nothing is adverse in the social investigation report of the petitioner. In view of the social investigation report, there is nothing to show that the release of the petitioner would expose him to physical, psychological or moral danger or the ends of justice will be defeated. There is nothing to show that the child would come with association of known criminals if released on bail. 9. In view of the submissions made and material on record, the impugned order passed by the learned JJ Board and which was affirmed by 4 Cr. Rev. No.567 of 2023 the appellate court both needs interference. 10.
Decision
In view of the above, the criminal revision is deserved to be allowed. 11. The impugned order passed by the learned JJ Board and affirmed by the appellate court are hereby set aside. 12. 13. Accordingly, this criminal revision is, hereby, allowed. In consequence thereof, the petitioner is directed to be released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) with two sureties of the like amount on behalf of his guardian to the satisfaction of the court concerned. The guardian of the CCL would also give undertaking that he would keep his vigil eyes on him and will restrain him from being in association of the known criminals. 14. Accordingly, this criminal revision stands disposed of. RKM (Subhash Chand, J.)