Jharkhand High Court
Digambar Kumar Paswan @ Chhotu ... vs The State Of Jharkhand on 22 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1159 of 2022
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Digambar Kumar Paswan @ Chhotu Paswan ... ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Rajiv N. Prasad, Advocate
For the State : Mr. V.S. Sahay, A.P.P.
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nd
Order No. 03: Dated: 22 February, 2023
Heard, learned counsel appearing on behalf of the petitioner
and learned Addl.P.P. appearing on behalf of the State.
It is submitted that this Criminal Revision is directed against
the judgment passed by the learned Special Judge, Child Act Cases-
cum-Additional Sessions Judge-I, Chatra in Criminal (Juvenile) Appeal
No.36 of 2022 whereby and whereunder the lower appellate court
rejected the prayer of the petitioner for grant of bail and affirmed the
order of rejecting the bail by the Juvenile Justice Board, Chatra in MCA
No.1373 of 2022 on 12.08.2022 in connection with Tandwa P.S. Case
No.155 of 2022 registered under Sections 395 and 397 of IPC.
Learned counsel appearing on behalf of the petitioner
submitted that the allegations as set out in the FIR are that the
petitioner along with co-accused persons snatched the bag of the
informant and also his mobile and motorcycle on the point of gun and
knife and it was alleged that a sum of Rs.1,70,000/- inter alia kept in
the bag was also taken away by the miscreants.
It has been submitted on behalf of the petitioner that although
he has been named in the FIR, but from the allegations as narrated in
the FIR it is found that this petitioner has no effective role in the
commission of the offence and those were co-accused persons, who
had committed the offence, if any, and only incriminating material
found against this petitioner is confessional statements of the co-
accused persons.
Further, it has been pointed out by the learned counsel
appearing on behalf of the petitioner that from the Social Investigation
Report, it appears that this petitioner was student of the Class-IX and
for want of proper guardianship this petitioner was alleged to have
been involved with the anti-social elements.
It has also been pointed out that informant is not of good
behaviour and in the habit of instituting false cases and further it
appears from the Social Investigating Report that petitioner's
behaviour is very cordial, obedient and respectful to his elder.
Further, it has been pointed out that parents of the petitioner
are ready to give an undertaking that they would keep this petitioner
being a child in conflict in law in proper guardianship and he will
continue with his education. It has further been submitted that
petitioner is in custody since 26.06.2022 and therefore, petitioner
(Digambar Kumar Paswan @ Chhotu Paswan) deserves to be enlarged
on bail.
On the other hand, learned Addl. P.P. appearing on behalf of
the State opposed the contentions raised on behalf of the petitioner
and submitted that petitioner is named in the FIR and he is directly
involved in the commission of the offence, although there is no
criminal history against this petitioner and therefore, he does not
deserve to be enlarged on bail.
Having heard the parties, perused the record of this case.
It is found that petitioner is child in conflict with law aged
about 15 years 04 months and 07 days as on the date of occurrence. He
is in custody since 26.06.2022 and from the Social Investigation Report,
it appears that there is no criminal history against this petitioner and
there is nothing in the Social Investigation Report to disclose his
association with any known miscreants/ criminals and therefore, it is
found that there is no possibilitity of coming this child in association
with the known criminals if he is released on bail.
Further, it has also found that the parents of the child in conflict
with law (petitioner) is ready to give undertaking to continue with his
education, who was studying in class-IX at the time of occurrence and
because of the negligence and lack of proper guardianship, he is
alleged to have committed such offence and therefore, under the
circumstances of this case, it is found that if the petitioner is released
on bail, then it will not cause any kind of mental, moral, physical or
psychological danger to his life and hence, for the ends of justice and
taking into consideration his custody period, it is in the interest of
justice it is manifest that it is a fit case to enlarge the petitioner on bail.
Accordingly, the petitioner (Digambar Kumar Paswan @
Chhotu Paswan) is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousands only) with two sureties
of the like amount each, to the satisfaction of learned Juvenile Justice
Board, Chatra in connection with Tandwa P.S. Case No.155 of 2022
subject to the conditions;-
(i) One of the bailors should be parents.
(ii)Father of the petitioner will give an undertaking that he will keep
his child in proper guardianship and he will get the child admitted in
school for continuation of his (petitioner's) education and further,
(iii) Any other condition or conditions that the concerned court/ Board
below may deemed fit and proper.
Further the petitioner is directed to co-operate in the trial
pending in the court below and will appear as and when required by
the learned court below.
Accordingly, this Criminal Revision No.1159 of 2022 is allowed.
(Navneet Kumar, J.)
R.S./-
