Jharkhand High Court
Sanjay Kumar @ Sanju vs The State Of Jharkhand on 24 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 597 of 2023
Sanjay Kumar @ Sanju .... .... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mrs. Vani Kumari, Advocate.
For the Opp. Party : Mr. Santosh Kumar Shukla, A.P.P.
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Order No.05/dated 24.08.2023
This Cr. Revision has been preferred on behalf of the
petitioner against the Judgment and order dated 06.05.2023
passed by the learned Additional Sessions Judge-I Godda in Cr.
Appeal No. 22 of 2023 whereby the appeal has been dismissed
and the order dated 20.04.2023 passed by the learned J.J.
Board in M.C.A. No. 1222 of 2023 has been affirmed wherein
the bail application of the juvenile has been rejected.
2. The learned Counsel for the petitioner has submitted that
the impugned order passed by the learned Juvenile Board and
also by the Appellate Court is not based on the Social
Investigation Report while there is nothing adverse against him.
While disposing the bail application of a juvenile, the gravity of
the offence is not to be taken into consideration in view of
Section 12 unless and until there are exceptional circumstances
as shown in the proviso of Section 12, the bail application of the
juvenile should not be rejected. The impugned order passed by
the J.J.Board and the Appellate Court are not based on the
Social Investigation Report rather their bail has been rejected
keeping in view the nature of the offence.
3. The learned A.P.P. opposed the contentions made by the
learned Counsel for the petitioner and contended that the
impugned order passed by the J.J.Board and also by the
Appellate Court is based on the proper appreciation of the
evidence collected by the I.O. during investigation and Social
Investigation Report was also taken into consideration.
4. The prosecution version is that the informant gave the
written information with the Police Station concerned that his
17 years old daughter was missing from the house since 5:30 of
08.03.2022 on the occasion of Holi who had left the house to
play Holi. When she did not come back till 8 O'clock, the
informant went to the house of her friend and it was told that
she had left her house. The call was also made on her mobile
phone No. 9142149334 but each time it was switched off. On
next day on 09.03.2023 at 6 O'clock the dead body was also
found in West of half kilometre away from Govindpur Pahar.
The dead-body was identified to be the daughter of the
informant. This F.I.R. was lodged against the unknown persons.
5. The name of the juvenile transpired during investigation
in the statement of friend of the deceased in para 21 of the case
diary wherein this witness Babita @ Bebi stated that on
08.03.2023 at 6 O'clock the deceased had come to her house to
play colour on the occasion of Holi and thereafter she told that
one Sanju @ Sanjay Kumar was calling as he had brought gift
for her and she left her house at 6:30 of evening and on asking
by the mother of the deceased at 8-9 O'clock she told that the
deceased had left the house. The child in conflict with law was
also nabbed who confessed his guilt and on his confessional
statement one iron pipe and a mobile phone of deceased was
also recovered.
6. In view of para 32 of the case diary, the C.D.R. details of
both the mobile phones of the accused and the deceased are
given which show their location at the place of occurrence.
7. In view of para 42 of the case diary, the cause of death is
crush injury over the head caused by blunt object. The ante-
mortem injury head crushed with exposed brain matter is
shown. Deep laceration of size (2x3) cm & (2x5) cm on right side
of forehead. Nose broken (Nasal bone fractured).
8. So far as the merits of the case is concerned, the only
evidence against the petitioner is the last seen evidence wherein
the friend of the deceased had stated that the deceased had left
the house at 6:30 O'clock on 08.03.2023 that the friend of
deceased was calling her to give gift.
9. The statement of accused was also recorded and
confessional statement of co-accused was recorded in para 27
of the case diary and on his confessional statement the iron pipe
is recovered. The mobile phone of the deceased is also alleged
to be recovered.
10. It is also settled law that while disposing the bail
application of a juvenile, the gravity of the offence is not taken
into account. It is the Social Investigation Report which has to
be considered in view of Section 12 of the J.J. Act.
11. From the Social Investigation Report of the petitioner, it is
found that there is no criminal antecedent of the C.C.L. His
attitude towards the family members, neighbours and villagers
is shown to be good. In the Social Investigation Report there is
nothing adverse against the juvenile to show that if the juvenile
was released on bail, his release would expose him to physical,
psychological or moral danger. There is nothing in the Social
Investigation Report that if the juvenile is released on bail, he
would come in company of known criminals.
12. Keeping in view the Social Investigation Report, the
impugned order passed by the J.J. Board and the Appellate
Court needs interference. Accordingly, this Cr. Revision is
hereby allowed.
13. The impugned order passed by the J.J. Board and the
Appellate Court are set aside.
2. In consequence thereof, the child in conflict with law is
directed to be released on bail on furnishing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand) and two sureties
of the like amount each to the satisfaction of the Principal
Magistrate, Juvenile Justice Board, Godda in connection with
Mahagama P.S. Case No. 47 of 2023 which are to be furnished
on behalf of the guardian of the child in conflict with law.
14. The guardian of the child is also directed to give an
undertaking that he would keep the vigil eye on the C.C.L. and
would control him from being in association with the known
criminals.
(Subhash Chand, J.)
P.K.S.
