Charku v. The State of Jharkhand
Case Details
- 1 - IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No.1134 of 2023 Birendra Oraon @ Charku Versus The State of Jharkhand -------- ..... … Petitioner …. …. Opposite Party
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND For the Petitioner For the State : Mr. Prashant Kumar Rahul, Advocate : Mr. Sardhu Mahato, A.P.P. -------- 03/19th December, 2023 1. The present criminal revision has been preferred against the order dated 16th August, 2023 passed by the learned Additional Sessions Judge-I-cum-Children Court, Latehar in Cr. Appeal No.31 of 2023, whereby and whereunder the learned appellate court refused to interfere with the order passed by the learned Principal Magistrate, Juvenile Justice Board, Latehar in connection with Latehar P.S. Case No.212 of 2022 by which the prayer for bail of the petitioner has been rejected. 2. Learned counsel for the petitioner – CCL has submitted that the name of the petitioner transpired during investigation in which only the complicity is shown but no specific role has been attributed to him and there is nothing adverse against him in his Social Investigation Report. 3. Learned A.P.P. opposed the contentions made by the learned counsel for the petitioner. 4. The brief facts leading to this criminal revision are that the F.I.R. of this case was lodged by the wife of the deceased with these allegations that her husband had gone to market to purchase vegetables on 18th August, 2022 at 14:00 hours but did not come back till overnight. At 5 o’ clock in the morning, she came to know that a dead body was lying near the Railway line. She went there and found the dead body which was identified to be of her husband. Several injuries on the face, head and other parts of the body were found. A Samsung mobile phone of her husband was - 2 - also lying there in broken condition. It has also been disclosed that her husband was having love affair with one Amrita Kumari, who used to talk him over the mobile phone and the same was opposed by the informant. Hence, this F.I.R. was lodged against three named accused and one unknown person which was registered on Case Crime No.212 of 2022 under Sections 302/201/34 I.P.C. 5. From record it appears that the petitioner is not named in the F.I.R. In view of case-diary, the name of the petitioner transpired during investigation in confessional statement of named co- accused Suresh Oraon and Amrita Kumari. 6. In social investigation report of the petitioner—Juvenile, it is mentioned that his relation with family members is cordial and no bad habit of juvenile is shown. The CCL is shown to have studied up to 8th standard and there is no criminal antecedent of the Juvenile. 7. It is the settled law that while disposing of the bail application of a Juvenile the gravity or nature of the offence cannot be taken into consideration. It is also the settled law that ordinarily the bail application of a Juvenile should be allowed unless and until there are exceptional circumstance as laid down under proviso of Section 12 of Juvenile Justice Act which reads as under : “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 abailable 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 persons 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 a 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. - 3 - (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. The only evidence against the petitioner is the confessional statement of co-accused and there being nothing adverse against him in Social Investigation Report, there is no ground that the CCL would come in association of the known criminals or his release would defeat the ends of justice and he would expose him to physical, psychological or moral danger. 9. In view of the discussions as made hereinabove, this Court is of the view that the impugned order(s) passed by the learned J.J. Board and the learned Appellate Court needs interference by this Court. 10. Accordingly, the present criminal revision is hereby allowed and the aforesaid orders are, hereby, quashed and set aside. 11. In consequence, thereof, the petitioner – CCL is directed to release on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each by his guardian to the satisfaction of the court of learned Principal Magistrate, Juvenile Justice Board, Latehar in connection with Latehar P.S. Case No.212 of 2022, subject to condition that guardian of the Juvenile shall give an undertaking that he would keep vigil eye on the Juvenile and would control him from coming in association of the known criminals. Rohit (Subhash Chand, J.)