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2009 DIGILAW 692 (JHR)

Sanjay Kumar v. State of Jharkhand

2009-05-05

PRADEEP KUMAR

body2009
JUDGMENT Heard learned counsel for the petitioners and learned counsel for the State. This revision application is directed against the judgment passed by the Juvenile Justice Board, Chatra dated 29.08.2008, by which order the Principal Magistrate, Juvenile Court, Chatra found that the three juveniles (Petitioner Nos. 1, 2 and 3) have already fallen in a bad company and apart from this case, the petitioner No.1, Sanjay Kumar, another case vide Chatra P.S. Case No. 37 of 2007 under Section 395 of the Indian Penal Code is also pending and against the juveniles i.e. petitioner No.2, Raju Kumar and Petitioner No.3, Pankaj Kumar, another case vide Sadar P.S. Case No. 58 of 2007 under Section 392 of the Indian Penal Code is pending and the all the three petitioners have earlier fled away from the observation home, Hazaribagh. In appeal, the Sessions Judge, Chatra by his order dated 19.11.2008 concurred with the finding of the Juvenile Justice Board, Chatra and rejected the prayer for their bail. Now, it is submitted by learned counsel for the petitioners that the three petitioners are admittedly juveniles and they are rotting in jail since 25.04.2008 i.e. more than one year, in that view of the Section 4 of the Juvenile Justice Board, since, the parents of the petitioners are ready to keep the juveniles under their proper custody and also keep them in their close guidance and keep them away from the criminal activities, there is no ground for refusing the prayer for release of the juveniles. And hence, learned counsel for the petitioners prays to release them on the aforesaid ground. On the other hand, learned counsel for the State opposed the prayer of the learned counsel for the petitioners and submitted that apart from the two cases, the petitioners are also in a habit of running away from the remand home and as such they does not deserve the privilege of bail. After hearing both the parties and after going through the evidence available on records, I find that the Probation Officer, Chatra had filed a probation report dated 30.06.2008, which is available on lower court record and he had submitted that the three petitioners, petitioner No.1, Sanjay Kumar is a student of Class X in the Government High School, Chatra and he is of good conduct. Since, he had fallen in a bad company, he got involved in the aforesaid crime, but he wants to continue his further education and his parents are also ready to keep him away from the criminal activities. The Probation Officer had submitted that the petitioner No.2, Raju Kumar is a student of Class VIII in the Middle School, Kishunpur. It is submitted that he was taking interest in his education and he was also helping his father in the kirana shop and if, opportunity is given, he can be re-habilitated and with regard to the Petitioner No.3, Pankaj Kumar is concerned, the Probation Officer had stated that he is a student of Class 5 in Vivekanand School, Jatrahibag, Chatra and since his father died suddenly and his family went in trouble, he left his education. The Probation Officer had stated that if he is also released, his mother will look after him and she promised that she will engage him in work with his brother Rajesh Sao. It appears that all the three petitioners have remained in jail for more than one year and as per the spirit of Juvenile Justice Act, if the parents are ready to keep the juveniles under their custody and protection and promise that they will not allow them to mix with any criminal activities, they will see them to continue their education. In that view of the matter, all the three juveniles, named above, are directed to be released on bail on executing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Chatra in Chatra Sadar P.S. Case No. 118 of 2008 in connection with G.R. No. 447 of 2008, subject to the condition that the mother, in case of Pankaj Kumar and in case of other two petitioners, namely Raju Kumar and and Sanjay Kumar, their father will be one of the bailers and they will file undertaking before the Board that they will properly look after the juveniles and they will see that the juveniles could start their education and also to start doing work in their family business and also restrain them from getting company with any criminal and anti-social elements. Accordingly, this petition is allowed and the judgment dated 19.11.2008 passed by Sessions Judge, Chatra in Cr. Accordingly, this petition is allowed and the judgment dated 19.11.2008 passed by Sessions Judge, Chatra in Cr. Appeal No. 32 of 2008 and the order dated 29.08.2008 passed by Juvenile Justice Board, Chatra in connection with G.R. No. 447 of 2008 are set aside.