Jharkhand High Court
Shiva Kacchap @ Shiva Kachhap ... vs The State Of Jharkhand on 3 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 158 of 2023
Shiva Kacchap @ Shiva Kachhap represented through his
natural guardian mother Laxmi Devi --- --- Petitioner
Versus
The State of Jharkhand --- --- Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Petitioner : Mr. Rahul Ranjan, Advocate
For the State : Mr. Bishambhar Shashtri, A.P.P.
06/03.07.2023 Heard learned counsel appearing on behalf of the petitioner and
the learned A.P.P appearing on behalf of the State.
2. This criminal revision is directed against the judgment dated
28.01.2023 passed in Criminal Appeal No. 167 of 2022 by the court of
learned Additional Judicial Commissioner-IV-cum-Special Judge
(POCSO), Ranchi whereby the learned appellate court has dismissed the
appeal and affirmed the order dated 05.09.2022 passed by the learned
Juvenile Justice Board, Ranchi in connection with G.R. Case No. 3157 of
2021 arising out of Kanke P.S. Case No. 164 of 2021 registered under
Section 302/34 of the IPC whereby the learned Juvenile Justice Board,
Ranchi has rejected the prayer for bail of the petitioner.
3. Learned counsel for the petitioner at the outset submitted that the
gist of the allegations as set out in the F.I.R is that husband of the
Informant was killed by some unknown persons. It has further been
pointed out that during course of investigation, one of the co-accused
Rishu Raj was apprehended and on the basis of his confessional
statement the name of this petitioner came in the commission of the
offence. It is further pointed out that co-accused Rishu Raj, on whose
confessional statement, the present petitioner has been named in the
F.I.R, was enlarged on bail by a co-ordinate Bench of this Court in B.A.
No. 762 of 2022 order dated 24.02.2022. It is further submitted that
another co-accused Abhishek Mallick @ Abhishek Kumar Mallick has
also been enlarged on bail by co-ordinate Bench of this court in B.A. No.
4059 of 2022 order dated 28.04.2022. It is further submitted that
petitioner is in custody since 30.07.2021 and therefore, he deserves to be
enlarged on bail.
4. On the other hand learned A.P.P. appearing on behalf of the State
has opposed the contentions raised by the petitioner and submitted that
petitioner being a child in conflict with law is involved in heinous
offence of murder and therefore, he does not deserve to be enlarge on
bail.
5. Having heard learned counsel for the parties, perused the record.
6. Petitioner is a child in conflict with law. It is further submitted
that there is no incriminating article, which has come in the evidence
against this petitioner regarding his involvement in the alleged offence
except his confessional statement and confessional statement of the co-
accused Rishu Raj, who has been enlarged on bail by a co-ordinate
Bench of this Court in B.A. No. 762 of 2022 dated 24.02.2022. Further,
it is also found that another co-accused Abhishek Mallick @ Abhishek
Kumar Mallick has also been enlarged on bail by co-ordinate Bench of
this court in B.A. No. 4059 of 2022 dated 28.04.2022. Further, it is
found that there is no adverse remark in the social investigation report
and due to lack of parental care petitioner is alleged to have been
involved in such type of crime and since the co-accused persons have
already been enlarged on bail by co-ordinate Bench of this Court,
petitioner's further detention in the remand home would definitely
expose him to mental, moral, physical and psychological danger to his
life. There is nothing on record to show any criminal history of the
petitioner and possibility of his coming in association with the know
criminals, if released on bail, is very remote and therefore, in the interest
of justice one opportunity be given to him to come to the main stream of
the society in view of the fact that as per the social investigation report
he has been very obedient and respectful towards his elders and peer
groups and there is no criminal history against him and he has studied till
class VIII.
7. In the backdrop of the aforesaid fact, it is deemed appropriate to
enlarge the petitioner on bail.
8. Accordingly, the petitioner named above is directed to be enlarged
on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the satisfaction
of Learned Juvenile Justice Board, Ranchi in connection with G.R. Case
No. 3157 of 2021 arising out of Kanke P.S. Case No. 164 of 2021
subject to the condition as set out under Section 439 of the Cr.P.C and
with further subject to the conditions, inter alia as under:
i. The mother of the petitioner / close relative 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
counselling of the child and also facilitate him to get him
admitted in a school and also to ensure that he properly
attends the school and continue with his studies with the
help of Legal cum Probation officer.
iv. Any other condition or conditions as the learned Court
below may deem it fit and proper in the interest of child.
v. Petitioner will cooperate in the trial of this case, which is
going on and he will remain present on each and every date
fixed in this case, failing which, learned court below will
pass appropriate order for cancellation of his bail.
9. Accordingly, this criminal Revision is allowed. The impugned
order dated 28.01.2023 passed in Criminal Appeal No. 167 of 2022 by
the court of learned Additional Judicial Commissioner-IV-cum-Special
Judge (POCSO), Ranchi, affirming the order dated 05.09.2022 passed by
the learned Juvenile Justice Board, Ranchi in connection with G.R. Case
No. 3157 of 2021 arising out of Kanke P.S. Case No. 164 of 2021 is set
aside.
10. Let a copy of this order be communicated to the Secretary, DLSA,
Ranchi, the Judicial Commissioner cum Chairman, DLSA, Ranchi and
the Deputy Commissioner cum Vice Chairman, DLSA, Ranchi through
FAX to ensure that the Secretary, DLSA complies the direction in letter
and spirit as passed by this Court without any hindrances and obstacles.
(Navneet Kumar, J.)
A.Mohanty
