Citation : 2022 Latest Caselaw 193 Jhar
Judgement Date : 1 February, 2022
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.672 of 2021
Laukesh Oraon ...... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Rajiv Ranjan, Advocate
For the State : None
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The matter was taken up through Video
Conferencing. Learned counsel for the party had no objection with it and submitted that the audio and video qualities are good).
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st 04/Dated: 01 February, 2022
1. The present revision application has been filed against the judgment dated 08.10.2021, passed by the court of learned Additional Sessions Judge - I -cum- Special Judge, Children Court, Lohardaga, in Criminal Appeal No.16 of 2021, whereby the prayer for bail of the juvenile has been rejected in connection with Lohardaga P.S. Case No.41 of 2021, registered for the offence under Sections 25(1-A), 25(1-B)a, 26, 35 of the Arms Act, Sections 4/ 5 of the Explosive Substances Act and Section 17 of the C.L.A. Act.
2. The juvenile, below the age of 15 years, who is in custody since 13.02.2021, has approached this Court for his release on bail through his mother, who is ready and willing to keep this juvenile under her proper care and custody. The case has been registered for the offence under Sections 25(1- A), 25(1-B)a, 26, 35 of the Arms Act, Sections 4/ 5 of the Explosive Substances Act and Section 17 of the C.L.A. Act, but nothing has been recovered from the conscious possession of this juvenile. One of the similarly situated major co-accused has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 13.01.2022, passed in B.A. No.10600 of 2021. On the above facts, prayer for bail of the juvenile has been made.
3. Having heard learned counsel for the revisionist and on perusal of the impugned judgment, it appears that there is no adverse remarks against this juvenile in the Social Investigation report.
Considering the age of the juvenile, Social Investigation report and the mandate of Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Lohardaga in connection with Lohardaga P.S. Case No.41 of 2021, subject to the condition that one of the bailors must be the mother of the petitioner.
Further, the concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Lohardaga regarding up keeping of minor.
4. Accordingly, the instant revision is allowed and the impugned judgment dated 08.10.2021, passed by the court of learned Additional Sessions Judge - I -cum- Special Judge, Children Court, Lohardaga, in Criminal Appeal No.16 of 2021, is hereby, set aside.
(Rajesh Kumar, J.) Chandan/-
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