Jharkhand High Court
Ambar Kumar @ Ambar Ram @ Amber Kumar @ ... vs The State Of Jharkhand ... Opposite ... on 14 June, 2022
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.120 of 2022
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Ambar Kumar @ Ambar Ram @ Amber Kumar @ Amber Kumar, Age- 17 years, S/o- Babla Ram, Represented Though his Natural Guardian (Father) namely, Babla Ram, S/o Late Durga Ram ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rahul Pandey, Advocate
For the State : Mr. Santosh Kumar Shukla, A.P.P.
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Order No.07 Dated 14th June, 2022
The present Criminal Revision Application has been filed on behalf of the Juvenile-petitioner under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 for setting aside the judgment dated 21.12.2021 passed in Criminal Appeal No.33 of 2021 by the learned Additional Judicial Commissioner-IV-cum- Special Judge (POCSO), Ranchi by which the learned Court below has dismissed the said Criminal Appeal No.33 of 2021 by rejecting the prayer for bail and affirmed the order dated 22.10.2021 passed by the learned Principal Magistrate (In-Charge), Juvenile Justice Board, Ranchi in connection with Argora P.S. Case No.113 of 2021 instituted for the offence under Section 394 of the Indian Penal Code.
2. Heard Mr. Rahul Pandey, learned counsel for the petitioner and Mr. Santosh Kumar Shukla, learned counsel for the State.
3. It has been submitted by the learned counsel for the petitioner that the petitioner is a Juvenile and has been remanded in this case merely on suspicion on the basis of his confessional statement of recorded in Sadar P.S. Case No.184 of 2021, which was instituted on 14.04.2021. It is further submitted that the incident has taken place due to parental lack and the juvenile-petitioner belongs to a poor family. It is further submitted that the parents (i.e, father & mother) of the petitioner are ready to give an undertaking that they 2 will keep him in his custody and shall take proper care and the juvenile-petitioner will not commit to such crime in future again. It is further submitted that the petitioner was apprehended in another case being Sadar P.S. Case No.184 of 2021 registered for the offence under Section 379 of the Indian Penal Code on 14.04.2021 in which, he has alleged to have been made confession with respect to this case also and thereafter, he has been remanded in this case on 01.07.2021 and thereafter, he was put on Test Identification Parade on 23.09.2021 where, he has been identified and the T.I.P. was conducted after a long delay of 05 months. It is further submitted that the juvenile-petitioner is in custody since 01.07.2021 and hence, he may be enlarged on bail.
4. On the other hand, learned counsel for the State has opposed the bail and has submitted that the petitioner has been identified during the Test Identification Parade by the Informant. Learned counsel for the state has further submitted that the petitioner has got criminal antecedent.
5. Perused the Lower Court Records and considered the submission made on behalf of the parties.
6. It transpires that on 10.04.2021 three unknown children had tried to commit robbery from the Informant who was working as a Home Delivery Boy, Zomato. It also transpires that the petitioner has been identified during the T.I.P. by the Informant.
7. However, from perusal of the Social Investigation report, it would appear that the petitioner belongs to a poor family and there was a complete lack of parental control. However, the parents (i.e, the father & mother) of the petitioner are ready to take care of this juvenile-petitioner and they are also ready to file an undertaking that the petitioner will not indulged such type of crime in future again.
8. It transpires that the petitioner is a Juvenile and has been remanded in this case merely on suspicion on the basis of the 3 confessional statement of recorded in Sadar P.S. Case No.184 of 2021, which was instituted on 14.04.2021 and the Test Identification Parade was conducted on 23.09.2021 i.e, after a delay of approx 05 months and the juvenile-petitioner is in custody since 01.07.2021.
9. Considering the period of custody of the juvenile and giving an undertaking by the parents of the petitioner, the juvenile- petitioner namely, Ambar Kumar @ Ambar Ram @ Amber Kumar @ Amber Kumar, 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 learned Principal Magistrate (In-Charge) Juvenile Justice Board, Ranchi in connection with Argora P.S. Case No.113 of 2021, subject to the condition that the parents i.e, the father and mother shall be the bailors of the juvenile petitioner, with a further condition that the father of the juvenile petitioner shall file an undertaking that the juvenile-petitioner will not indulged in such type of crime in future again, with a further condition that the father of the juvenile-petitioner shall submit his self-attested Aadhar Card and Mobile Number before the learned Court below and which shall not be changed till disposal of this case and the father of the juvenile-petitioner shall produce the juvenile- petitioner before the learned court below as and when required.
10. Thus, in view of above judgment dated 21.12.2021 passed in Criminal Appeal No.33 of 2021 by the learned Additional Judicial Commissioner-IV-cum-Special Judge (POCSO) Ranchi, affirming the order dated 22.10.2021 passed by the learned Principal Magistrate (In-Charge) Juvenile Justice Board, Ranchi in connection with Argora P.S. Case No.113 of 2012 are set-aside in the interest of justice.
11. Accordingly, this Criminal Revision No.120 of 2022 stands allowed and is accordingly disposed of.
(Sanjay Prasad, J.) Raja/-