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2011 DIGILAW 351 (JHR)

Naresh Saw Alias Naresh Sah v. State of Jharkhand

2011-04-21

D.K.SINHA

body2011
JUDGMENT (1) THIS Criminal Revision has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for setting aside the order impugned dated 24-6-2010 passed by the Sessions Judge, Sahibganj in Criminal Appeal No. 22 of 2010 by which the prayer for bail of the petitioner rejected by the Juvenile Justice Board, Sahibganj was affirmed and the appeal was dismissed. (2) THE prosecution case in short was that there was direct allegation against the petitioner-juvenile that he had fired two shots on the nephew of the informant as a result of which he succumbed his injuries. THE juvenility of the petitioner was challenged but the Court in Criminal Appeal No. 475 of 2010 found the petitioner juvenile by the order dated 19-8-2010. Prayer for bail of the petitioner was rejected by the learned Sessions Judge only on the ground that alleged offence was heinous in nature and the matter of declartion of the appellant (petitioner) as juvenile was subjudiced before this Court. It was further observed that the release of the petitioner would defeat the ends of justice and there was enmity between the parties. Finally, it was stated by the Sessions Judge that the release of the petitioner would expose him to moral, physical and psychological danger. (3) LEARNED Counsel Mr. Tewari appearing for the petitioner-juvenile submitted that no explanation has been given by the learned Sessions Judge as to under what manner the petitioner would be exposed to moral, physical or psychological danger on his release. The Sessions Judge admitted enmity between the parties and therefore false implication of the petitioner cannot be ruled out. The case is at the enquiry stage and the petitioner is in custody for about one year and nine months, in that manner he has already served out more than half of the sentence though he has not yet been convicted by a competent Court of Law. The case of the petitioner does not come in any manner within the proviso of Section 12 of the Act so as to deny the statutory right of the petitioner for his bail. (4) WITHOUT touching the merit of the case, in the facts and circumstances, the petitioner-Naresh Saw alias Naresh Sah is directed to be released on executing bail bond of Rs. (4) WITHOUT touching the merit of the case, in the facts and circumstances, the petitioner-Naresh Saw alias Naresh Sah is directed to be released on executing bail bond of Rs. 10,000/- (Rupees, ten thousand) with two sureties of lite amount each to the satisfaction of the Juvenile Justice Board, Sahibganj in connection with Sahibganj (T) P.S. Case No. 124 of 2009, corresponding to G.R. No. 263 of 2009 (E. No. 101 of 2010) with the conditions that the parents would be the bailers of the petitioner, who would take care of him and produce him as and when required by the J.J. Board preferably in the 1st week of each month till the conclusion of the enquiry or any other date suggested by the J.J. Board in each month. With this observation, this Criminal Revision is allowed. Petition allowed.