Samir Nag @ Birsa Nag vs The State Of Jharkhand
2022 Latest Caselaw 496 Jhar

                                 -1-

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.631 of 2021

    Samir Nag @ Birsa Nag                      ......       Petitioner
                             Versus
    The State of Jharkhand                     .....     Opp. Party
                             ---------

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

---------

For the Petitioner : Mr. Gaurav, Advocate For the State : Ms. Kumari Rashmi, A.P.P

---------

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

---------

               th
04/Dated: 16        February, 2022

1. The present revision application has been filed against the judgment dated 23.08.2021, passed by the court of learned District & Additional Sessions Judge - I, Khunti, in Criminal Appeal No.11 of 2021, whereby the prayer for bail of the juvenile has been rejected in connection with Maranghada P.S. Case No.06 of 2018, corresponding to G.R. No.294 of 2018(S), registered for the offence under Sections 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

2. The juvenile, who is in the age group of 16 to 18 years, is in custody since 19.10.2020, has approached this Court for his release on bail through his brother-in-law, who is ready and willing to keep this juvenile under his proper care and custody. The juvenile has been made an accused for committing the offence under Sections 302/34 of the Indian Penal Code and he has been implicated in this case on the basis of the confessional statement of the co-accused and the said co-accused has already been enlarged on bail by the Co- ordinate Bench of this Court. On the above facts, prayer for bail of the juvenile has been made.

3. On the other hand, learned counsel for the State has opposed the prayer.

4. Considering the facts of the present case and the materials available on record, 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, Khunti in connection with Maranghada P.S. Case No.06 of 2018, corresponding to G.R. No.294 of 2018(S), subject to the condition that one of the bailors must be the brother-in-law of the petitioner.

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

5. Accordingly, the instant revision is allowed and the impugned judgment dated 23.08.2021, passed by the court of learned District & Additional Sessions Judge - I, Khunti, in Criminal Appeal No.11 of 2021, is hereby, set aside.

6. The court below is directed to be vigilant in future and keep in mind the mandate of Section 99 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(Rajesh Kumar, J.) Chandan/-