Sawan Singh Rajput vs The State Of Jharkhand
2023 Latest Caselaw 935 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No.1365 of 2022
        Sawan Singh Rajput
        @ Sawan Kumar
        @ Sawan Kumar Singh Rajput        .....      Petitioner
                               Versus
        The State of Jharkhand            ....         Opposite Party

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the petitioner            :     Mr. Aman Shekhar, Advocate
                                            Mr. S.K. Choudhary, Advocate
        For the State                  :    Mr. V.S. Sahay, APP
                                   -----

4/27.02.2023 Heard learned counsel for the parties.

The criminal revision application is being preferred by the petitioner for grant of regular bail after setting aside the judgment dated 05.09.2022 passed by the learned Additional Sessions Judge-I, Sahibganj in Cr. Appeal No. 29 of 2022, whereby the learned appellant Court has dismissed the criminal appeal affirming the order dated 02.08.2022 passed by Principal Magistrate, Juvenile Justice Board, Sahibganj, in connection with Borio (J) PS No. 116 of 2022 registered under Section 394 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submitted that this petitioner is not named in the FIR and his name has transpired in this case on the basis of the confessional statement of the co-accused Piyush Kumar Raj @ Rohan Raj, who has been enlarged on bail vide order dated 23.01.2023 in Cr. Revision No.1338 of 2022. It has been pointed out that there is allegation against the petitioner that he along with the co-accused persons has snatched the mobile phone and also Rs.960/- from the informant by causing injury upon the informant with iron rod. It has further been pointed out that the stolen mobile has been recovered from the possession of the co- accused Piyush Kumar Raj as evident from the seizure list, which has also been observed by the learned appellate court. Further it has been pointed out that the petitioner is in custody since 18.05.2022 and as per the social investigation report, there is no criminal history against this petitioner and due to improper guardianship and guidance, this petitioner was involved in such type of offence and therefore it is prayed that one opportunity is given to the petitioner to come into the mainstream of society by enlarging the petitioner on bail.

On the other hand, learned APP appearing on behalf of the state opposed the contentions raised on behalf of the petitioner.

Having heard learned counsels for the parties and perused the record of this case.

It is found that the petitioner was alleged to have committed offence of theft of mobile and cash along with co-accused Piyush Kumar Raj, who has been enlarged on bail vide order dated 23.01.2023 in Cr. Revision No.1338 of 2022, by causing injury to the informant victim. Further it is found that that there is no criminal history against this child in conflict with law and, therefore, the possibility of this petitioner after releasing on bail to come in association with any known criminal is very remote. Further, it is found that due to lack of guardianship of the child in conflict with law, the petitioner is alleged to have committed such offence. Further it is found that this petitioner is in jail since 18.05.2022 and therefore his more detention in observation home will cause him mental, moral, physical and psychological danger and therefore for the ends of justice, it is found that one opportunity is given to this child in conflict with law to come into the mainstream of the society taking into consideration the nature of crime and social investigation report.

In this backdrop, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Principal Magistrate, J.J. Board, Sahibganj in connection with P.S. Case No. 116 of 2022 subject to the conditions inter alia as under:

(i) the mother of the petitioner will be one of the bailers;

(ii) the mother of the petitioner will give an undertaking that he will take proper care and attention of the child and he will admit him in a school for further studies;

(iii) the Secretary, DLSA is directed to take proper steps for counseling of the child and also facilitate him to get him admitted in a school and also to ensure that he properly attains the school and continue with his studies;

(iv) Any other grounds as the learned Court below may deem it fit and proper in the interest of child.

Let a copy of this order be communicated to the Secretary, DLSA, Sahibganj, the Principal District & Sessions Judge, Sahibganjcum-Chairman, DLSA, Sahibganj and Deputy Commissioner-cumVice Chairman, DLSA, Sahibganj through FAX to ensure that the Secretary, DLSA complies the direction in letter and spirit as passed by this Court.

Accordingly, the instant criminal revision application is hereby allowed by setting aside the judgment dated 05.09.2022 passed by the learned Additional Sessions Judge-I, Sahibganj in Cr. Appeal No. 29 of 2022 and the order dated 02.08.2022 passed by Principal Magistrate, Juvenile Justice Board, Sahibganj, in connection with Borio (J) PS No. 116 of 2022.

(Navneet Kumar, J.) R.Kumar