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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Ramesh Mal @ Aman Kumar Mal – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
The present Criminal Revision No. 565 of 2024 has been filed on behalf of the juvenile-petitioner by challenging the judgment dated 07.03.2024 passed in Criminal Appeal No. 34 of 2019 by Sri Choudhary Ahsan Moiz, learned Additional Sessions Judge-II, Pakur whereby learned Additional Sessions Judge-II, Pakur has dismissed the Criminal Appeal No. 34 of 2019 by affirming the judgment of conviction and order of sentence dated 22.12.2017 passed by Sri Sandip Kumar Bertam, learned Principal Magistrate, Juvenile Justice Board, Pakur in Mahespur P.S. Case No. 234 of 2015 corresponding to G. R. No. 1088 of 2015 [T.R. No. 30 of 2017] by which the juvenile-petitioner has been convicted for the offence under Section 3 76 of the INDIAN PENAL CODE and Sections 3 /4 of the Protection of Children from Sexual Offences Act and sentenced to undergo to the Special Home for his detention for a period of three (3) years for the offences under Section 3 76 of the INDIAN PENAL CODE and Sections 3 /4 of the Protection of Children from Sexual Offences Act.
2. However, all the sentences have been directed to run concurrently.
3. I. A. No. 6082 of 2024 has been filed on behalf of the petitioner for s
A juvenile's mental health and circumstances surrounding the case can influence sentencing and the decision to grant bail, particularly in cases involving allegations of consensual relationships.
The court emphasized that a juvenile petitioner should be granted bail if a co-accused in the same circumstances is granted bail, reflecting principles of fairness and equality in judicial treatment.
Bail for juveniles in serious offenses requires exceptional circumstances; mere similarity to other cases is insufficient for discharge.
The presumption of innocence and best interest of the child are paramount in juvenile justice proceedings.
A juvenile-petitioner should be granted bail when a co-accused is similarly granted bail, unless exceptional circumstances dictate otherwise.
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