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2012 DIGILAW 62 (JHR)

Karu @ Sunil Kumar Singh v. State of Jharkhand

2012-01-10

R.R.PRASAD

body2012
ORDER By the Court.-Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. This revision application is directed against the order dated 1.8.2011 passed by the learned Sessions Judge, Dhanbad whereby the appellate Court affirmed the order dated 15.6.2011 passed by the Juvenile Justice Board, Dhanbad whereby and whereunder prayer for bail of the petitioner was rejected. 3. Having heard learned counsel appearing for the parties and on perusal of the record, I do find that a case was registered under Section 302 of the Indian Penal Code against this petitioner and other accused persons on the allegation that this petitioner and other persons were lastly seen going along with the deceased before the deceased was found murdered. 4. It is also the case that before the deceased was done to death, scuffle had taken place in between the deceased and this petitioner and other accused persons. 5. The petitioner on being apprehended was remanded to jail. Thereafter an application was filed for bail before the Juvenile Justice Board, Dhanbad which was rejected on the ground that the petitioner has already come in association of the anti-social element. Same is the observation made by the appellate Court while rejecting the appeal preferred by the petitioner but Social Investigation Report submitted by the Probation Officer. Dhanbad suggests otherwise wherein it has been stated that this petitioner does not have any track record of delinquency. Further it has been reported that the neighbour have not said anything towards criminality of this petitioner. 6. Under this situation, it cannot be said that the petitioner would come in association with the criminal, if he is released on bail but the Court below has not taken into consideration all this aspect of the matter. 7. In that view of the matter, both the orders suffer from illegality and hence, the same are hereby set aside. 8. Accordingly, the petitioner 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, Dhanbad in Dhanbad P.S case No. 119 of 2011 (G.R.No. 505 of 2011) on giving undertaking by the mother that she would not allow this petitioner to come in association with the criminals. 9. Thus, this application is allowed. Application allowed.