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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, J.
Kundan Kumar Ray - Appellant
Versus
State Of Jharkhand - Respondent
Cr. Revision Nos. 1410, 1413 and 1417 of 2017
Decided On : 09-10-2017
Bail - Juvenile - Release on Bail
Fact of the Case:
The petitioners were declared juvenile and were in custody since 02.08.2017. They sought bail, stating that they had no criminal antecedents and the social investigation report was not adverse to their cause. The State opposed, alleging that the petitioners sent a message demanding extortion money.
Finding of the Court:
The court found that the petitioners were declared juvenile, had no previous criminal involvement, and there was no evidence of complicity in a larger conspiracy. The court held that the period of custody undergone by the petitioners was not properly appreciated by the lower courts and directed their release on bail.
Issues: The main issue was whether the petitioners should be granted bail despite the allegations against them.
Ratio Decidendi: The court considered the petitioners' juvenile status, lack of previous criminal involvement, and absence of evidence of complicity in a larger conspiracy. The court also emphasized the improper appreciation of the period of custody undergone by the petitioners.
Final Decision: The court set aside the lower court's judgment and ordered the petitioners' release on bail, subject to certain conditions.
JUDGMENT
Rongon Mukhopadhyay, J. – Defect No. 9 (ii) as pointed out by the office in Cr. Revision No. 1413 of 2017 is ignored.
2. Heard Mr. Arvind Kumar Choudhary, learned counsel for the petitioners and Mr. Rakesh Kumar, learned A.P.P. for the State.
3. Since common judgment dated 07.09.2017 has been challenged by all the three petitioners of these cases, these cases are being disposed of by this common order.
4. The petitioners are aggrieved by the judgment dated 07.09.2017 passed by the learned 1st Additional Sessions Judge, Deoghar in Cr. (Juvenile Bail) Appeal No. 12/17 and Cr. (Juvenile Bail) Appeal No. 13/17, whereby and where-under the order dated 18.08.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Deoghar in connection with Deoghar Town P.S. Case No. 486/2017, corresponding to G.R. No. 1307/2017, Enquiry No. 78/2017, rejecting the prayer for bail of the petitioners has been affirmed.
5. It has been submitted by the learned counsel for the petitioners that all the petitioners were declared juvenile and only on account of their sending a message to the Labour Minister they have been apprehended and are in custody since 02.08.2017. Learned counsel for the petitioners submits that the petitioners do not have any criminal antecedents and the social investigation report also is not adverse to the cause of the petitioners.
6. Learned A.P.P. for the State has opposed the prayer made by the petitioners and has submitted that a message was sent to the Labour Minister demanding extortion money of Rs. One Crore.
7. It appears that the report of the Probation Officer does not suggests that the petitioners were ever involved in any criminal case previous to the present incident. Nothing has come in course of investigation with respect to complicity of any other person or that the petitioners were involved in a larger conspiracy. The petitioners have been declared juvenile and they are in remand home since 02.08.2017.
8. Considering the period of custody undergone by the petitioners having not been properly appreciated by the learned courts below, while setting aside the judgment dated 07.09.2017 passed by the learned 1st Additional Sessions Judge, Deoghar in Cr. (Juvenile Bail) Appeal No. 12/17 and Cr. (Juvenile Bail) Appeal No. 13/17 and the order dated 18.08.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Deoghar in connection with Deoghar Town P.S. Case No. 486/2017, corresponding to G.R. No. 1307/2017, Enquiry No. 78/2017, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each, to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Deoghar in connection with Deoghar Town P.S. Case No. 486/2017, corresponding to G.R. No. 1307/2017, Enquiry No. 78/2017; subject to the condition that in Cr. Revision No. 1410 of 2017 and Cr. Revision No. 1417 of 2017 the fathers of the petitioners and in Cr. Revision No. 1413 of 2017 the mother of the petitioner will keep the petitioners at a safe place and will not allow him to meet any bad elements and further directed to produce the petitioners before the learned Principal Magistrate, Juvenile Justice Board, Deoghar, on each and every date, fixed in the concerned case, till the conclusion of the inquiry.
9. These applications stand disposed of.
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