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2012 Supreme(Jhk) 234

[2012 (2) East Cr C 197 (Jhr)]
JHARKHAND HIGH COURT
RR. PRASAD. J.
Albin @ Daman Marandi - Petitioner
Versus
State of Jharkhand - Opp. Party
Cri. Revision No. 31 of 2012,
Decided on February 15, 2012.

Advocates:
Advocate Appeared:
Rajeev Sharma, Sr. Adv., for the petitioner.
APP, for the Opp. Party.

The court considered the juvenile status and good moral character of the petitioner in granting bail, emphasizing the principles of juvenile justice.

Headnote:

Bail - Juvenile Justice - The court set aside the orders rejecting the petitioner's bail application, considering the petitioner's juvenile status and good moral character, and directed the release of the petitioner on bail with certain conditions.

Fact of the Case:

The petitioner, a juvenile, was arrested in connection with a case of rape upon a minor girl. The Juvenile Justice Board and the Sessions Judge rejected the petitioner's bail application, citing concerns about associating with criminals.

Finding of the Court:

The court set aside the orders of the lower courts and directed the release of the petitioner on bail, considering the petitioner's juvenile status and good moral character.

Issues: Rejection of bail for a juvenile accused of a serious offense, consideration of social investigation report, and the petitioner's association with criminals.

Ratio Decidendi: The court considered the petitioner's juvenile status, good moral character, and the social investigation report, and concluded that the orders rejecting bail were fit to be set aside.

Final Decision: The court allowed the application and directed the release of the petitioner on bail with certain conditions.

ORDER

By the Court.-Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. This criminal revision application is directed against the order dated 22.11.2011 passed by learned Sessions Judge-I. Pakur, in Cr. Appeal No. 69 of 2011 affirming the order dated 12.10.2011 passed by Principal Magistrate. Juvenile Justice Board. Pakur in Littipara P.S. Case No. 21 of 2011 corresponding to G.R. No. 399 of 2011 wherein Juvenile Justice Board. Garhwa rejected the prayer for bail of the petitioner.

3. On perusal of the record. it does appear that the petitioner was arrested in connection with Littipara P.S. Case No. 21 of 2011 corresponding to G.R. No. 399 of 2011 which had been registered under Section 376 of the Indian Penal Code on an allegation that this petitioner committed rape upon a minor girl.

4. Since the petitioner is a juvenile, an application was filed before Juvenile Justice Board, Pakur for release of the petitioner on bail. but that was rejected by holding that the release of the petitioner would defeat the ends of the justice and thereafter when an appeal being Cr. Appeal No. 69 of 2011 was preferred before the learned Sessions Judge-I. Pakur. it was also rejected, after holding that the release of the applicant on bail may bring him in association with the criminal, though the Social Investigation Report. reference of which is there in the order passed by the appellate Court is otherwise wherein it has been stated that the applicant is having good moral character and is not in contact with any criminal. but none of the Court below took into consideration the said report and hence both the orders are fit to be set aside.

5. Accordingly, both the orders dated 12.10.2011 and 22.11.2011 passed by Principal Magistrate. Juvenile Justice Board, Pakur and learned Sessions Judge-I, Pakur, in Littipara P.S. Case No. 21 of 2011 corresponding to G.R. No. 399 of 2011 and Cr. Appeal No. 69 of 2011 respectively, are hereby set aside.

6. Consequently, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate. Juvenile Justice Board. Pakur in connection with Littipara P.S. Case No. 21 of 2011 corresponding to G.R. No. 399 of 2011 on giving undertaking by the father of the petitioner that the petitioner would not be allowed to come in association with the criminal.

7. Thus, this application stands allowed.

Application allowed.



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