Jharkhand High Court
Mangal Purty vs The State Of Jharkhand on 24 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 93 of 2023
1. Mangal Purty, aged about 16 years, son of Ratan Purti, represented by his
natural guardian/ mother namely Jobra Purti, wife of Ratan Purti.
2. Shiva Pingna, aged about 17 years, son of Bablu Pingua, represented by his
natural guardian/ father namely Ratan Purty, son of late Guhi Ram Purty.
..... ...... Petitioners
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioners : Mr. Dilip Kumar Karmakar, Advocate
For the State : Mrs. Ruby Pandey, A.P.P.
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th
Order No.06 /Dated: 24 August, 2023
This Criminal Revision has been preferred on behalf of the
petitioners, namely, Mangal Purty and Shiva Pingna against the order dated
09.12.2022 passed by the learned Additional Sessions Judge-I, East
Singhbhum, in Criminal Appeal No.161 of 2022, whereby the appeal has been
dismissed and upheld the order dated 08.09.2022 passed by the learned
Juvenile Justice Board, Jamshedpur, whereby the prayer for bail of the juvenile
petitioners has been rejected in Telco P.S. Case No.36 of 2021 registered under
Sections 302 and 323 read with Section 34 of the Indian Penal Code.
2. Learned counsel for the petitioner has submitted that the petitioner
No.1, namely, Mangal Purty was 13 years 3 months old on the date of
occurrence and the petitioner No.2, namely, Shiva Pingna was 15 years old on
the date of occurrence. The allegations made in the FIR against both the
accused are general and omnibus. It is further submitted that the learned
Juvenile Justice Board, Jamshedpur has rejected the bail application of the
petitioners on the ground that both the juveniles were in the bad company and
paternal control was lacking. The learned J.J. Board has not taken into
consideration the recommendations made and there is no basis in regard to the
findings given by the learned J.J. Board that on his release on bail, he would
be exposed to moral and psychology danger. It is also further submitted that
the learned appellate Court vide order dated 09.12.2022 has dismissed
Criminal Appeal No.161 of 2022 and affirmed the order passed by the learned
J.J. Board, Jamshedpur. There is no objective assessment of reasonable ground
shown by the J.J. Board or the appellate Court as well. In regard to the ground
that the release of Juveniles was likely to bring him in association of any
known criminal and contended to allow the Criminal Revision and set aside
the impugned order passed by the J.J. Board and appellate Court. In support of
his contentions, learned counsel for the petitioners has relied upon the
judgment passed by the Hon'ble High Court of Punjab and Haryana at
Chandigarh High Court in CRR No. 53 0f 2021 (O&M).
3. The learned APP opposed the contentions made by the learned
counsel for the petitioners and contended that the offence committed by both
the juveniles was the murder of the husband of the informant and in view of
the social investigation report, the release of the petitioners on bail would
expose him to psychological, physical and moral danger and both the juveniles
will also come in association of the criminals, if released on bail. It is further
submitted that the learned J.J. Board and the learned appellate Court have
committed no error in rejecting the bail application of the petitioners, wherein
the social investigation report was taken into consideration.
4. The FIR case is that on 12.02.2021 at 05.30 pm, the husband of the
informant Soma Munda Purty was sitting inside his house and hurled abuse to
a puppy dog. At that time, Mangal Purty was passing by the house, who
objected the same as it seemed to him that abuse was hurled to him and he
went upon to quarrel with the husband of the informant, however, the matter
was pacified. At that time, the informant came to intervene the accused Mangal
Purty assaulted with the stone to the informant and also pushed the husband of
informant. Thereafter, Shiva Pingna, the brother-in-law of Mangal Purty, was
also came there. Both the accused persons assaulted to her husband with the
stone and knife, due to which, the husband of the informant died. On this, Telco
P.S. Case No.0036 of 2021 was registered under Sections 302 and 323 read
with Section 34 of the Indian Penal Code.
5. The re-statement of informant was recorded in paragraph No.10 of
the case diary, in which, she supported the prosecution story. The witnesses
Shiva Hembrom and Mangu Sirka, whose statement was recorded in paragraph
Nos.11 and 12 of the case diary, both corroborated the prosecution story and it
is stated by these two witnesses that when he tried to rescue the deceased, both
the accused persons had assaulted them also with the stone. Bloodstained cloth
was also recovered on the confessional statement of both the juveniles.
6. As per the postmortem report, there are four antemortem injuries
including incised wounds, lacerated wounds and abrasions. The cause of death
is hemorrhage and shock. The injury Nos.3 and 4 are opined to be caused by
the hard and blunt object and rest were caused by the sharp edged weapon.
7. It is settled law that while disposing the bail application of the
juveniles, the gravity of the offence cannot be taken into consideration. It is the
social investigation report, which has to be taken into consideration and the
appeal of the juveniles is not to be ordinarily rejected, except on the
exceptional circumstances as shown in the proviso of Section 12 of the J.J. Act,
2015. The social investigation of the petitioner No.2 shows that on the date of
occurrence, the age of the juvenile was 15 years 10 months, no criminal
antecedent is shown of this juvenile. His attitude is shown not to be normal
with the friends or the neighbours and the cause of committing the offence is
stated that this juvenile used to consume intoxicant. So far as the social
investigation report of petitioner No.1 is concerned, the age of this juvenile on
the date of occurrence is shown as 13 years 4 months and his relationship with
family members is shown cordial. The habits of smoking and alcohol
consumption as well as religious activity is shown in the social investigation
report. No criminal antecedent is shown in both the social investigation report.
8. The age of the petitioner No.1 was below 15 years on the date of
occurrence and the age of petitioner No.2 was 15 years 10 months old on the
date of occurrence and no criminal antecedent of both the juveniles is shown
in the social investigation report.
9. Keeping in view the overall social investigation report of both the
juveniles, there is no possibility that in case both the juveniles shall be released
on bail, they would come in association of the criminals. The only bad habit of
smoking and alcohol consumption.
10. Keeping in view the objective assessment of these grounds, which
are given in the social investigation report, both the impugned orders passed
by the learned J.J. Board, Jamshedpur and the learned appellate Court needs
interference, accordingly, both the impugned orders are set aside.
11. This Criminal Revision is hereby allowed.
12. In consequence thereof, both the petitioners, namely, Mangal Purty
and Shiva Pingna are directed to be released on bail on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousands) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions Judge-1st, East
Singhbhum, Jamshedpur in connection with Telco P.S. Case No. 36 of 2021,
subject to the condition that the guardian of the juveniles shall give an
undertaking that he would keep vigil eye on the juveniles and would control
them from coming in association of the known criminals and also restrain them
from consumption of alcohol.
(Subhash Chand, J.)
Madhav/-
