IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Rev. No. 316 of 2022

---------

Ramesh Mistri @ Ramesh Sharma @ Ramesh Mistry aged

about 17 yrs. And 5 months through his mother natural

guardian namely , Hemanti Devi

...

Petitioner

-Versus-

The State of Jharkhand

… Opposite Party

---------

CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD

---------

For the Petitioner

: Mr. Suraj Singh, Advocate

For the State

: Mrs. Ruby Pandey , A.P.P.

Order No. 07/ Dated: 22.08.2022

This Criminal Revision 316 of 2022 has been filed on

behalf of the petitioner under section 102 of the Juvenile Justice (Care

and Protection of Children Act) 2015 by challenging the judgment

dated 26.02.2022 passed by learned Additional Sessions Judge-I,

Giridih in Criminal Appeal No. 02 of 2022 by rejecting the bail of the

petitioner affirming the order dated 10.12.2021 in connection with

Dumri P.S. Case No. 18 of 2017 , corresponding to G.R. Case No. 737

of 2017 passed by the Principal Magistrate, Juvenile Justice Board,

Giridih for offence under sections 147/148/149/447/302/427/323 of

I.P.C.

2. As per the F.I.R., it is alleged that accused persons

including this juvenile petitioner had assaulted the family members of

the informant resulting into death of two persons Jhari Mahto and

Ganesh Mistry.

3. Heard learned counsel for the petitioner and learned

counsel for the State.

4. It is submitted by the learned counsel for the petitioner that

the petitioner was a juvenile on the date of occurrence. It is submitted

that the petitioner is innocent and has committed no offence .It is

submitted that there is general omnibus allegation against all accused

persons including this juvenile petitioner for assaulting the deceased

-2

persons. It is submitted that two juvenile accused namely Dinesh

Mistry @ Dinesh Kumar Sharma and Rameshwar Mistry @ Ramesh

Kumar Sharma have been granted bail in Cr. Rev No. 159 of 2022 vide

order dated 13.04.2022 by this Court. It is submitted the juvenile

petitioner is in custody since 31.01.2021 and hence, the juvenile

petitioner may be enlarged on bail.

5. On the other hand, the learned A.P.P. appearing for the

State has opposed the prayer for bail and submitted that all accused

persons including this juvenile petitioner is named in the F.I.R. for

assaulting the deceased persons. It is submitted that the juvenile

petitioner remained absconded for more than fourteen years and he was

arrested after much pressure by the police. It is submitted that the

witnesses have supported the allegation against this juvenile petitioner

for assaulting the deceased and hence prayer for bail of the petitioner

may be rejected.

6. Perused the Lower Court Records of this case, Social

Investigation Report of the juvenile petitioner and considered the

submission of both the sides.

7. It transpires that this juvenile petitioner and other Co-

accused are alleged to assaulted the deceased . It would appear from the

Social Investigation Report that there is nothing adverse against him .

It transpires that two juvenile accused namely Dinesh Mistry @

Dinesh Kumar Sharma and Rameshwar Mistry @ Ramesh Kumar

Sharma have been granted bail in Cr. Rev No. 159 of 2022 vide order

dated 13.04.2022 by this Court.

8.Considering the custody of the petitioner and other juvenile

petitioners have already been released on bail by this Court and on the

facts and in the circumstance of this case , the petitioner namely

Ramesh Mistri @ Ramesh Sharma @ Ramesh Mistry is directed to be

released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten