Jharkhand High Court
Sujay Mandal vs The State Of Jharkhand on 18 November, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.358 of 2024
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Sujay Mandal, aged about 15 Years, son of Champak Mandal, represented through
her mother and natural guardian Rekha Mandal w/o Champak Kumar Mandal,
Resident of Village Chaliyama, Post Tumung, Police Station Rajnagar, District -
Seraikella-Kharsawan. .... .... Petitioner(s)
Versus
1. The State of Jharkhand
2. Swapan Khandwal, S/o Srikant Khandwal, R/o Village Chaliyama, Post -
Tumung, P.S. - Rajnagar, Dist - Seraikhela-Kharsawan.
.... .... Opposite Party(s)
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s) : Mr. Vikash Kumar, Adv.
For the Opposite Party : Mr. Pankaj Kumar, A.P.P.
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07/Dated: 18th November, 2024
1. Heard the learned counsel for the parties.
2. The present revision application has been filed against the judgment dated
16.02.2024, passed by the court of learned Additional Sessions Judge-1,
Seraikella-Kharsawan in Criminal (Bail) Appeal No.54 of 2023 whereby the
prayer for bail of the juvenile has been rejected and affirmed the order dated
02.12.2023 passed by the court of learned Principal Magistrate, Juvenile Justice
Board, Seraikella in connection with Rajnagar P.S. Case No.49 of 2022 (POCSO
Case No.23 of 2022) corresponding to G.R. Case No.574 of 2022 initially
registered for the offence under Section 302 and 201 of the Indian Penal Code
but subsequently charge-sheet has been submitted under Sections 302, 377, 201
and 34 of the IPC and under Sections 4, 6 & 8 of the POCSO Act. Now the case
is pending in the court of the learned Principal Magistrate, Juvenile Justice
Board, Seraikella.
3. It appears that the father and the son both were involved in the
commission of the alleged crime and the social investigation report suggests that
neither the mother nor any family members was ready to take care of the
juvenile. Now, the mother has approached this court with undertaking to take
care of her child.
4. Through this revision application prayer for release of the juvenile in
conflict with law has been made. It has been submitted by the learned counsel
for the petitioner that the age of the juvenile has been assessed as 13 years at the
time of incident and he is in remand home since 16.07.2022. The juvenile has
approached this Court through his mother who is ready and willing to maintain
and keep the juvenile in her proper custody and care. The case has been kept by
the Juvenile Justice Board. On the above facts, prayer for bail of the juvenile has
been made.
5. On the other hand learned A.P.P has opposed the prayer for bail.
6. Considering the fact that the mother is ready to take care of her child, this
Court is inclined to release the juvenile in favour of the mother. Accordingly, the
juvenile, above named, is directed to be released on bail on his furnishing bail
bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to
the satisfaction of learned Principal Magistrate, Juvenile Justice Board,
Seraikella in connection with Rajnagar P.S. Case No.49 of 2022 (POCSO Case
No.23 of 2022) corresponding to G.R. Case No.574 of 2022, subject to the
condition that one of the bailors must be the mother of the petitioner.
7. Further, concerned Probation Officer is directed to report, once in a
month, to the Juvenile Justice Board, Seraikella regarding the upkeeping of the
minor.
8. It is made clear that if any adverse remarks is given by the Probation
Officer, the Juvenile Justice Board is at liberty to take the petitioner into custody.
9. Accordingly, the instant criminal revision is allowed and the impugned
judgment dated 16.02.2024, passed by the court of learned Additional Sessions
Judge-1, Seraikella-Kharsawan in Criminal (Bail) Appeal No.54 of 2023 and
order dated 02.12.2023 passed by the Principal Magistrate, Juvenile Justice
Board, Seraikella, are hereby, quashed and set aside.
(Rajesh Kumar, J.)
Amar/-
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