Jharkhand High Court
Danish Khan Alias Babua Alias Danish ... vs The State Of Jharkhand ... ..Opp. Party on 10 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Rev. No. 341 of 2024
Danish Khan Alias Babua Alias Danish Ansari, through his mother Maz-
da Khatoon W/o Late Md Anwar Alias Late Anwar Khan R/o Road No
14 Jawahar Nagar Kabristan Road Mango Po and Ps Mango Town
Jamshedpur Dist East Singhbhum .. .. ..Petitioner
--VERSUS--
The State of Jharkhand ... ..Opp. Party
---------
CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA
---------
For the Petitioner : MR SOURAV KUMAR, ADVOCATE
(in Cr.Rev. No. 341 of 2024)
For the State : MR ANUP PAWAN TOPNO, APP
(in Cr.Rev. No. 341 of 2024)
08/DATED: 10-09-2024
Both the counsels have appeared.
In the instant application, the petitioner begs to challenge the legality,
propriety and correctness of the judgment dated 04.03.2024, passed by the
learned Additional Sessions Judge-1st, East Singhbhum, Jamshedpur in Criminal
Appeal No. 14 of 2024, whereby and whereunder, an appeal preferred under
section 101 of the Juvenile Justice (Care and Protection of Children) Act, against
the order dated 04.01.2024, passed by the learned Principal Magistrate, Juvenile
Justice Board, Jamshedpur in connection with Mango PS Case No. 169 of 2022,
corresponding to GR No. 1214 of 2022 was dismissed and thereby affirming the
order dated 04.01.2024, passed by the learned Principal Magistrate, Juvenile
Justice Board, Jamshedpur in connection with Mango PS Case No. 169 of 2022,
registered under sections 363, 365 of the Indian Penal Code and subsequently
vide order dated 31.05.2022 sections 302, 201, 364-A and 34 of the Indian Penal
Code has been added wherein the bail of the present juvenile was rejected and
this case is now pending before the Court of the learned Principal Magistrate,
Juvenile Justice Board, Jamshedpur.
The prosecution case, on the basis of the written report filed by the
informant, namely, Chandra Shekhar Choudhary, who alleged that on 21.05.2022
at about 9:00 a.m. his son Gulshan Kumar Choudhary has gone to his duty at
Medical Store, Refugee Colony, Golmuri where he works as a salesman. The
owner of Syam Medical Store has stated to the informant that his son has left the
shop at 5:00 p.m. by saying that there is some work in his house so today he will
go before. At 8:00 p.m. Gulshan Kumar has made a call and stated that I am in
Mango at Road No.14 and someone has kidnapped him. At 9:00 he again made a
call and stated that he will return home till 9:30 and stated the name of person
who has kidnapped him as Imran. Thereafter, the phone was switched off. Again
at 10:29 to 10:48 the phone was switched on and after some time it was switched
off. A black coloured motorcycle bearing no. JH05c7-5527 was also with him.
Hence, the case.
The learned counsel for the petitioner has submitted that similarly
situated co-accused, namely, Parwez Ansari @ Mohammad Taiyab @ Parwej
Ansari @ Perwez Ansari has been granted bail in Cr. Revision No. 751 of 2023
by a co-ordinate Bench of this Court vide order dated 04.12.2023 and Md.
Shakib in Cr. Revision No. 586 of 2023 has been granted bail by a co-ordinate
Bench of this Court vide order dated 09.02.2024. Another co-accused, namely,
Mohammad Shamshad Khan @ Md. Shamshad Khan @ Md. Samdad in Cr.
Revision No. 1014 of 2023 has also been granted bail by a co-ordinate Bench of
this Court vide order dated 13.05.2024, therefore, he seeks parity. The learned
counsel has further submitted that the petitioner is in remand home since
24.05.2022 and therefore, he has spent more than two years in remand home.
Hence, the petitioner-juvenile may be granted privilege of bail.
Learned counsel for the State has opposed the prayer for bail of the
petitioner and has submitted that though the petitioner is a minor but the crime is
heinous resulting in death of the deceased, therefore, petitioner-juvenile may not
be granted privilege of bail.
Having heard the learned counsel for the petitioner as well as the
learned counsel for the State, noted the submissions, and bearing the age of the
petitioner-juvenile in mind, it is prudent or proper to release the juvenile in
conflict with law on bail. Accordingly, present petitioner, named above, is
ordered to be released on bail, on executing bail bonds of Rs.25,000/- (Rupees
Twenty Five Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Principal Magistrate, Juvenile Justice Board,
Jamshedpur in connection with Mango PS Case No. 169 of 2022, corresponding
to GR No. 1214 of 2022, subject to the conditions that one of the bailors must
be the father of this petitioner and another should be his close relative, who
will produce the petitioner before the Juvenile Justice Board as and when
required, with a further condition that an affidavit will be filed by his father
that he would not allow his son i.e. this petitioner to have association with the
criminals.
Accordingly, the judgment dated 04.03.2024, passed by the learned
Additional Sessions Judge-1st, East Singhbhum, Jamshedpur in Criminal Appeal
No. 14 of 2024 and the order dated 04.01.2024, passed by the learned Principal
Magistrate, Juvenile Justice Board, Jamshedpur in connection with Mango PS
Case No. 169 of 2022, corresponding to GR No. 1214 of 2022 are set aside.
Consequently, Cr.Rev. No. 341 of 2024 is allowed and disposed of.
sbiswas (Ratnaker Bhengra, J.)
