Gola Pahan @ Tiku vs The State Of Jharkhand
2022 Latest Caselaw 390 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Revision No. 603 of 2021
                                          ....

1. Gola Pahan @ Tiku

2. Marki Pahan @ Tete .... Petitioners Versus The State of Jharkhand .... Opposite Party ....

              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioners              : Mr. Ritesh Kumar, Adv.
                For the State                    : Mr. Satish Prasad, APP
                                                 ....

The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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05/10.02.2022 The instant application has been filed against the judgment dated 13.09.2021 passed by the learned Distt. & Addl. Sessions Judge-I, Khunti in Criminal Appeal No.13 of 2021, by which the prayer for bail of the petitioners have been rejected in connection with Saiko P.S. Case No.23 of 2020 corresponding to G.R. Case No.580 of 2020, registered for the offence under Sections 302, 364 & 34 of the Indian Penal Code and the same is presently pending in the court of learned Principal Magistrate, J.J. Board, Khunti.

Both the juveniles, who are in custody since 21.08.2020, have approached this Court for release through their mother, who are ready and willing to keep the juveniles under their custody with proper care. Petitioners have been made accused in the present case for the offence under Sections 302, 364/34 of the IPC on the basis of confessional statement. One of the major co-accused, namely, Etwa Purti @ Deepak Purti @ Tunu Purty has been granted bail by the Co-ordinate Bench of this Court vide order dated 16.11.2021 passed in B.A. No.10750 of 2021. On above fact, prayer for bail has been made.

Learned A.P.P. has opposed the prayer for bail.

Perused the social investigation report and considering the materials available on record and the mandate of Section 3 of the J.J. Act, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, J.J. Board, Khunti in connection with Saiko P.S. Case No.23 of 2020 corresponding to G.R. Case No.580 of 2020, subject to condition that one of the bailor must be the mother of the petitioners.

Further, concerned Probation Officer is directed to report, once in a month, to the Juvenile Justice Board, Khunti regarding the up keeping of the minors.

Accordingly, instant criminal revision is allowed.

(Rajesh Kumar, J.) Shahid/