Jharkhand High Court
Chitu Kumar Rai vs The State Of Jharkhand on 9 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 129 of 2021
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Chitu Kumar Rai ...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Kaushik Sarkhel, Advocate
: Mr. Abhishek Singh, Advocate
For the State : Mr. Vijay Kumar Sinha, APP
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I.A. No. 2631 of 2023
07/09.08.2023 This Criminal Revision Application has been filed on
behalf of the petitioner under Section 102 of the Juvenile Justice
(Care and Protection of Children) Act, 2015 challenging the
judgment dated 21.10.2020 passed by the learned Additional
Sessions Judge-III, Jamtara in Criminal Appeal No.16 of 2018 by
which learned Additional Sessions Judge-III, Jamtara has dismissed
the Criminal Appeal and affirmed the judgment of conviction and
order of sentence dated 18.01.2018 passed by Sri Vikram Anand,
Principal Magistrate, Juvenile Justice Board, Jamtara in connection
with G. R. No. 1189 of 2014 arising out of Jamtara P.S. Case No.193
of 2014 and Enquiry Case No.10 of 2018 whereby the juvenile
petitioner has been convicted for an offence under Sections 302 of
the Indian Penal Code and directed the Juvenile petitioner to be
detained in 'Observation Home' for three years.
2. I.A. No. 2631 of 2023 has been filed on behalf of the
petitioner for grant of bail, during the pendency of this Criminal
Revision Application.
3. Heard learned counsel for the petitioner and the learned
counsel for the State.
4. Learned counsel for the petitioner has submitted that the
juvenile petitioner is innocent and has committed no offence. It is
submitted that there is general and omnibus allegation against the
petitioner and the other accused persons for assaulting the husband of
the informant. It is submitted that the post-mortem report reveals that
the injuries were caused by hard and blunt substance. I is alleged that
the petitioner was found to be carrying Farsa and alleged to have
assaulted the deceased by 'Farsa' but there is no cut injury on the head
of the deceased. It is submitted that the witnesses examined before the
court below have falsely implicated the petitioner juvenile. It is
submitted that the petitioner has been directed to be detained in
observation home for three years for none of his fault. It is submitted
that the father of the juvenile petitioner is ready and willing to take
proper care and custody of the juvenile petitioner. It is submitted that
the petitioner was in custody from 19.03.2015 to 13.05.2015 and
thereafter he is in custody since 03.12.2020 after dismissal of the
criminal appeal filed on behalf of the petitioner and thus, he has
remained in custody for around two years and ten months and almost
completed the sentence and hence the juvenile petitioner may be
enlarged on bail.
5. On the other hand, learned APP for the State has opposed the
prayer of bail. It is submitted that the petitioner is the main assailant in
this case and has given Farsa blow on the head of the deceased. It is
submitted that P.W-7 is the informant of this case, who has stated in her
evidence that the petitioner has given Farsa blow on the head of the
husband of the informant due to which he succumbed to injury.
It is submitted that E.W-1, E.W-2, E.W-3, E.W-5, E.W-6,
E.W-8 namely Shyam Prasad Singh, Nageshwar Singh, Sonu Singh,
Yashoda Devi, Birju Kumar Singh and Arti Devi have fully supported
the case and they were also present at the place of occurrence. It is
submitted that the E.W-7 namely Parbati Devi is the informant of this
case and she has clearly stated that the petitioner has assaulted the
deceased by Farsa on his head due to which he died. It is submitted that
E.W-9 namely Dr. Dinesh Prasad is the Doctor and E.W-10 namely
Rajendra Prasad Singh is the I.O of this case who have also supported
the prosecution case regarding the death of the deceased and as such
the prayer for bail may be rejected.
6. Perused the records and considered the submissions of both
the sides.
7. It transpires that the FIR was lodged by the informant
namely Parbati Devi (i.e. E.W-7) on 21.12.2014 against ten accused
persons including the juvenile petitioner for committing the murder
of her husband by means of Lathi, Danda, Rod and other penetrating
and sharp edged weapons.
8. It appears from the evidence of E.W-9 (i.e. post mortem
report) that the injury was caused on the head of the deceased due to
hard and blunt substance. He has found ante-mortem injury over the
right parietal region of the scalp. In his opinion, cause of death is
neurological shock due to brain injury by hard and blunt heavy linear
object. However, during her evidence P.W-7 i.e. the informant has
stated that the petitioner has caused injury on the head of the
deceased by Farsa, however, it appears to have been contradicted by
the post-mortem report.
9. Considering the fact that the petitioner is in custody for
around two years and ten months, during pendency of this Criminal
Revision, the juvenile petitioner-Chitu Kumar Rai is directed to be
released on bail in care and supervision of his Natural Guardian and
father namely Ram Kishan Rai on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of Principal Magistrate, Juvenile Justice Board, Jamtara
in connection with G. R. No. 1189 of 2014 arising out of Jamtara P.S.
Case No.193 of 2014 and Enquiry Case No.10 of 2018 subject to the
condition that one of the bailors must be his own relative and one of
the bailors must be the father of the juvenile petitioner and father of the
petitioner must file an Undertaking before the learned Court below that
the juvenile-petitioner will not get indulged in such type of crime in
future again and the father of the juvenile-petitioner will submit his
mobile number before the learned Court below, which he will always
keep active and will not change it, during the pendency of this case,
without prior permission of the Court.
10. Thus, I.A. No. 2631 of 2023 is allowed and stands disposed
of.
(Sanjay Prasad, J.)
Saket/
