Md. Sartaj Quoraishi @ Sartaz v. The State of Jharkhand
Case at a glance
Provisions considered
Key paragraphs
- Para 44. Considering the materials available on record, social investigation report and the mandate of Section 3 of the J.J. Act, 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.…
- Para 66. Accordingly, instant criminal revision being Criminal Revision No.402 of 2021 stands allowed. Amar/- (Rajesh Kumar, J.) 2
Judgment
---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner For the State : Mr. Suraj Singh, Adv. : Mr. Vineet Kr. Vashistha, A.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. 05/Dated: 31st January, 2022 ----
The instant revision application has been filed against the order dated
10.06.2021 whereby and whereunder application filed by the petitioner for grant of bail in connection with Bank More (Bhuli) P.S. Case No.121 of 2021 corresponding to Special POCSO Case No.89 of 2021 registered for the offence under Section 376 of the Indian Penal Code and under Section 3/4 for the POCSO Act., has been rejected by the learned Principal Magistrate, Juvenile Justice Board, Dhanbad and also against the order dated
19.07.2021 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Children Court, Dhanbad whereby the criminal appeal being Criminal Appeal No.18 of 2021 preferred by the petitioner against the order dated
10.06.2021, has been dismissed. The case is now pending in the court of the learned Principal Magistrate, Juvenile Justice Board, Dhanbad.
The juvenile has approached this Court through his father who is ready and willing to keep his minor son in his custody and proper care. The juvenile is in Observation Home since 25.05.2021. Further, it has been submitted that the allegation has been made by a girl aged about 16 years that physical relationship has been established on the false pretext of marriage and when the fact has been deciphered by the families, pressure has been made for marriage but the same has been denied by the boy.
Learned counsel for the State has opposed the prayer for bail and submission has been advanced that there is direct allegation of sexual exploitation of a minor girl on the false pretext of marriage.
Considering the materials available on record, social investigation report and the mandate of Section 3 of the J.J. Act, 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 Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Dhanbad in connection with Bank More (Bhuli) P.S. Case No.121 of 2021 corresponding to Special POCSO Case No.89 of 2021, subject to condition that one of the bailors must be the father of the petitioner.
Further, concerned Probation Officer is directed to report once in a month to the Juvenile Justice Board, Dhanbad regarding the up keeping of the minor.
Accordingly, instant criminal revision being Criminal Revision No.402 of 2021 stands allowed. Amar/- (Rajesh Kumar, J.) 2
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.