The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1333 of 2022 1. Asman Oraon 2. Asman Ruhidas The State of Jharkhand ------ Versus ------- … ... Petitioners … … Opposite Party
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR -------- For the Petitioners For the State : Mr.. Vikash Kumar, Advocate : Mr. Rajneesh Vardhan, A.P.P. Order No. 03 / Dated: 28th March, 2023 -------- Heard learned counsel appearing on behalf of the petitioners and the learned counsel for the State. This criminal revision application is directed against the judgement dated 26.09.2022 passed by the Court of learned Principal District and Sessions Judge, Seraikella, Kharsawan in Criminal Appeal (Bail) No. 29 of 2022, whereby and where under the appeal preferred by the petitioners was dismissed by affirming the order dated 13.04.2022 passed by the Court of learned Principal Magistrate, Juvenile Justice Board, Seraikella, wherein the Court of the learned Principal Magistrate, Juvenile Justice Board, Seraikella, has rejected the prayer of bail of the petitioners vide order dated 13.04.2022, in connection with G.R. Case No. 259 of 2022, corresponding to Adityapur P.S. Case No. 396 of 2021, registered for the offence punishable under Sections 302 / 201 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioners that the informant had instituted a case with respect to the death of her younger son Laxman Tudu whose dead body was found from the pond and accordingly the informant suspected that some unknown miscreants after causing injuries by stone upon the face and head of the deceased has thrown the dead body in the pond and therefore, F.I.R. was instituted against the unknown person. It has been stated on behalf of the petitioners that both the petitioners were children-in-conflict with law aged about 12 years and 14 years and no incriminating material has been found against them expect their confessional statement. It has been pointed out that it is a case that the allegation against the petitioners have been made only on the basis that they were found -2- Cr. Revision No. 1333 of 2022 quarrelling with the deceased on the play of the D.J. music issue, and therefore, both the petitioners have been implicated in this case without any cogent evidence. It has further been pointed out that both the petitioners are in the Remand Home since 10.01.2022 and there is no adverse report against any one of the petitioners in the social investigation report and it has been also submitted that there is nothing in the case diary that anyone of the petitioner was having any criminal history and none of the witnesses have come forward except one witness who has been examined vide Para- 34 and who also stated that both the petitioners had been quarrelling with the deceased one day for playing the music on the D.J. set and nothing else has been stated and therefore both of them deserves to be enlarged on bail during the pendency of this Criminal Revision. On the other hand learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioners and submitted that these petitioners have been found quarrelling with the deceased and thereafter these two children have been implicated in this case. Having heard the parties, perused the records of this case. It is found that both the petitioners are children in conflict with law aged about 12 and 14 years respectively and neither of them have been named in the F.I.R. rather it is case where both the petitioners had been last seen quarrelling with the deceased and thereafter, only on the basis of suspicion these two petitioners have been implicated in this case. It has also been pointed out that there is no evidence in the case diary except their confessional statements about the involvement in the commission of the offence as alleged in the F.I.R. Further, it has also been pointed out that both the petitioners are in Remand Home since 10.01.2022 and from the social investigation report it is found that the petitioner Asman Oraon is aged about 12 years and he was a student of Utkramit Madhya Vidyalaya, Gamharia in Class-IX and he has been in good relationship with his family members and also obedient to the neighbours. It has also been found from the social investigation report that there is no adverse remark against the petitioner No. 1, Asman Oraon and due to lack of proper care and protection the petitioner No. 1, Asman Oraon is said to have been implicated in this case. -3- Cr. Revision No. 1333 of 2022 Further from the social investigation report of the petitioner No. 2, Asman Ruhidas it is found that he is aged about 14 years and there is no criminal history against him and he has also been a student of Utkramit Madhya Vidyalaya, Gamharia and his relationship has also been very cordial with the neighbours and the family members and he is very obedient to the elders also and there is no adverse report against him and due to lack of proper care and attention the petitioner he is said to have been implicated in this case. In this view of the matter, it is found that both the petitioners who are children in conflict with law aged about 12 and 14 years respectively will not come in the association of any one of the criminals if they are released on bail and further it is found that both the children are in Remand Home since 10.01.2022 and therefore, their further detention in the Remand Home would expose them to mental, moral, physical and physiological danger to their life and therefore, for the ends of justice, it is conducive to enlarge both the petitioners on bail. Accordingly both the petitioners are directed to enlarge 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 Principal Magistrate, Juvenile Justice Board, Seraikella in connection with Adityapur P.S. Case No. 396 of 2021, corresponding to G.R. No. 259 of 2022, 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 their parents. Respective father of the petitioners 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 them to continue their further studies. The respective father of both the petitioners will give an undertaking that he will get the child admitted in the school and he will take proper care of the child. The petitioners will co-operate in the trial /inquiry pending in the court iv. v. below; and vi. Any other condition or conditions as the learned court below may deem fit and proper in the interest of the child. -4- Cr. Revision No. 1333 of 2022 Accordingly, this Criminal Revision application is allowed and the judgement dated 26.09.2022 passed by the Court of learned Principal District and Sessions Judge, Seraikella, Kharsawan in Criminal Appeal (Bail) No. 29 of 2022, and the order dated 13.04.2022 passed by the Court of learned Principal Magistrate, Juvenile Justice Board, Seraikella, in connection with G.R. Case No. 259 of 2022, corresponding to Adityapur P.S. Case No. 396 of 2021, are hereby set aside. The petitioners are further directed to cooperate in the enquiry pending in the Court below. Let a copy of this order be sent to the Secretary, D.L.S.A., Seraikella, Kharsawan in order to ensure that the directions given in this order in the interest of both the children in conflict with law are complied. J.Minj (Navneet Kumar, J.)