Shahnawaz @ Shandul vs The State Of Jharkhand
2021 Latest Caselaw 935 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.786 of 2020

    Shahnawaz @ Shandul                                 ......        Petitioner

                                Versus
    The State of Jharkhand                              .....    Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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    For the Petitioner          : Mr. P. S. Dayal, Advocate
    For the State               : Mr. P. K. Appu, A.P.P
    For the Informant           : Mr. A. K. Pandey, Advocate
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               th
04/Dated: 24        February, 2021

1. This revision is directed against the judgment/ order dated 21.09.2020, passed by the court of learned Additional Sessions Judge - 1st, Jamshedpur, in Criminal Appeal No.80 of 2020, rejecting the prayer for bail of the petitioner (juvenile in conflict with law) in connection with Mango P.S. Case No.86 of 2020, corresponding to G.R. Case No.933 of 2020, registered under Sections 302 read with Section 34 of the Indian Penal Code.

2. Heard the learned counsel for the petitioner and the vehement objection raised by the learned counsel appearing on behalf of the informant while assisting the learned A.P.P. On perusal of the F.I.R, it appears that the informant has named three accused whom he had seen assaulting his son (since deceased). The petitioner is not named in the F.I.R. His name has transpired in the confessional statement of co-accused. In similar circumstances co-accused, Sajid Iqbal has been granted bail in B.A. No.7446 of 2020, by order dated 03.10.2020.

Having regard to the facts and circumstances, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Jamshedpur, in connection with Mango P.S. Case No.86 of 2020, corresponding to G.R. Case No.933 of 2020, on the condition that one of the bailors shall be a close relative/

natural guardian, who shall give an undertaking (i) to ensure the good behaviour of the petitioner, (ii) to ensure that the juvenile petitioner does not come in contact with any anti-social elements, and (iii) produce the juvenile/petitioner before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the supervision report to the Board for needful.

3. In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner/juvenile shall co-operate and be present before the Board as and when directed, till conclusion of the enquiry.

4. With the aforesaid direction, the revision is, hereby, allowed.

(AMITAV K. GUPTA, J.) Chandan/-