Jharkhand High Court
Rajkumar Marandi vs The State Of Jharkhand on 2 February, 2015
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1267 of 2014
Rajkumar Marandi, S/o Sri Rasiklal Marandi, R/o Village-Sunderpahari
(Parasoti), P.O & P.S.-Sunderpahari, Dist.-Godda ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioner : Mr. Kailash Pd. Deo, Advocate
For the State : Mr. Shekhar Sinha, A.P.P.
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03/Dated: 02/02/ 2015
The instant Criminal Revision Application has been preferred against the order dated 19.11.2014 passed in Criminal Appeal No. 66 of 2014, whereby prayer for bail of the petitioner has been rejected.
Learned counsel for the petitioner has submitted that the trial court and the appellate court have failed to appreciate that the petitioner is juvenile and he should have been released on under Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000, considering the fact that the petitioner does not have any criminal antecedent and there is no adverse remark against his character in the Probation Officer's report. That the offence alleged is under Sections 457, 380 of the I.P.C. and the petitioner has been made an accused on the basis of confessional statement of co-accused Stephen Marandi; that such confessional statement before police has no evidentiary value in the eye of law. It is alleged that on the basis of confessional statement of this petitioner one L.E.D. L.G. colour T.V. was recovered from the house of co-accused Sanjay Kisku but the said L.E.D. T.V was not put up on T.I.P and no incriminating articles have been recovered from the possession of the petitioner.
Mr. Shekhar Sinha, learned A.P.P has opposed the prayer for bail. Regard being had to the facts and circumstances of the case, petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Godda in connection with Sunderpahari P.S. Case No. 28 of 2014 corresponding to G.R. No. 748 of 2014 (Enquiry No. 203 of 2014) on the condition that one of the bailors shall be father/close relative of the petitioner and he shall file an undertaking to ensure proper care and supervision and well being of the petitioner and will also produce the petitioner before the Probation Officer and the Board as and when directed till conclusion of the enquiry. The Probation Officer shall submit the supervision report regarding the conduct of the petitioner as and when directed by the Board.
Accordingly, this revision application stands allowed.
(Amitav K. Gupta, J.) Satayendra/