Munna Singh … v. The State of Jharkhand
Case Details
1 Cr. Revision No. 1392 of 2022 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1392 of 2022 ------ Munna Singh … ... Petitioner Versus The State of Jharkhand … … Opp. Party
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR -------- -------- For the Petitioner For the State : Mr. Baleshwar Yadav, Advocate : Mr. Prabhu Dayal Agrawal, Spl.P.P. -------- Order No. 0 04: Dated: 03rd March, 2023 Heard the learned counsels appearing on behalf of the parties. That the present criminal revision is directed against the judgment and order dated 24.09.2022 passed by Mr. D.C. Awasthi, the learned Special Judge, (Children’s Court), Gumla in Cr. Appeal Case No.42 of 2022, whereby and where under, he has confirmed the order dated 06.08.2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla, refusing bail to the juvenile- petitioner in connection with Kurkura P.S. Case No. 04 of 2021 corresponding to Spt G.R. Case No.66 of 2022 for the offence register under sections 147/148/149/452/341/323/302/379 of IPC, which is now pending before the learned J.J. Board, Gumla. It is submitted on behalf of the petitioner that he is a child in conflict with law and he was made an accused in the case along with co-accused persons namely Laxman Singh, Bhupendre Singh, Kalindra Singh, Deepak Majhi @ Jhau and 4-5 unknown persons for committing murder of one Purandhar Singh. It has been pointed out that the petitioner is not named in the FIR and there is no overt act has been attributed against him. It has further been submitted that all the co-accused persons namely Laxman Singh, Bhupendra Singh, Kalindra Singh have been enlarged on bail vide B.A. No. 13909 of 2021 and Deepak Manjhi @ Jhau has been enlarged on bail vide B.A. No. 12616 of 2021 and 2 Cr. Revision No. 1392 of 2022 Johan Topno vide B.A. No. 11728 of 2022 has been enlarged on bail by the co-ordinate Bench of this Court. It has further been pointed out that they are gotias. His name has come in this case only on the basis of confessional statement and there is no adverse report in the Social Investigation Report also and he is in remand home since 22.05.2021 and therefore it is urged on behalf fo the petitioner, let this child in conflict with law (Munna Singh) be enlarged on bail. On the other hand, leanred Spl.P.P. opposed the contentions raised on behalf of the petitioner and submitted that the child in conflict with law is alleged to have committed the heinous offence i.e. inter alia u/s 302 of IPC and therefore he does not deserve to be enlarged on bail. Having head the parties, perused the records of this case. It is found that the petitioner (child in conflict with law) was aged about 12 years on the date of commission of offence. He has not been named in the FIR. His name appeared on the basis of the confessional statement of the co-accused and there is no overt act attributed against this petitioner. Further the petitioner is in remand hom since 21.05.2021 and all the accused persons, as stated above, have been enlarged on bail. Further, it is found from the Social Investigation Report the child in conflict with law (CCL) is a dropout student of class VII and there is nothing in the said report that by which it appears that the CCL in in association with any known criminal and therefore the probability of this petitioner coming into association of any known criminal is very remote if he released on bail. There was a landed property dispute between both the parties and taking into consideration that the petitioner is in remand home for a long period of time and in absence of any criminal history against the petitioner it is found just and proper to give an opportunity to him to come into main stream of the society. Further it is also found that 3 Cr. Revision No. 1392 of 2022 several co-accused persons who are the major offenders have been enlarged on bail and therefore his further detention in the observation home of this petitioner will seriously cause mental, moral, physical and psychological danger to his life and therefore the privilege of bail is granted to him. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousands only) with two sureties of the like amount each, to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Gumla in connection with Kukura P.S. Case No. 04 of 2021 subject to the conditions as stated u/s 439 of Cr.P.C. and also subject to the further conditions as stated below:- i. One of the bailers will be his mother (since the father of this petitioner is dead). ii. Mother of the petitioner will give an undertaking that she will continue the study of the child. iii. The Legal–cum-Probation Officer shall ensure proper counseling of the child intermittently in order to ensure to continue his further studies. iv. The mother will give undertaking that she will get the child admitted in the school and she will properly take care the child. v. The petitioner will co-operate in the trial /inquiry pending in the court below; and vi. Any other condition or conditions as the learned court below may deem fit and proper in the interest of child. Let a copy of this order be sent to Secretary DLSA, Gumla, the Principal District and Sessions Judge,-cum Chairman DLSA, Gumla, Deputy Commissioner-cum-Vice Chairman, DLSA, Gumla in order to ensure that the directions given by this Court are complied in letter and spirit. 4 Cr. Revision No. 1392 of 2022 Accordingly, this Criminal Revision is allowed and judgment and order dated 24.09.2022 passed by Mr. D.C. Awasthi, the learned Special Judge, (Children’s Court), Gumla in Cr. Appeal Case No.42 of 2022, whereby and where under, he has been pleased to confirm the order dated 06.08.2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla, refusing bail to the juvenile- petitioner in connection with Kurkura P.S. Case No. 04 of 2021 corresponding Spt G.R. Case No.66 of 2022 are set aside. MM (Navneet Kumar, J.)