Md. Sarfaraj Ahamad @ Md. Sarfaraj Ansari, S/o Karamat Miyan v. State of Jharkhand
2017-07-18
RONGON MUKHOPADHYAY
body2017
DigiLaw.ai
JUDGMENT : 1. Heard Mr. Birendra Burman, learned counsel for the petitioner and Mr. Rajesh Kr. Mishra, learned A.P.P. for the State. This revision application is directed against the judgment dated 06.04.2017 passed by the learned District & Additional Sessions Judge I, Koderma in Criminal Appeal No. 09 of 2017 whereby and where under the order dated 11.01.2017 passed by learned Principal Magistrate, Juvenile Justice, Board, Koderma, in connection with Chandwara P.S. Case No. 71 of 2016, corresponding to G.R. No. 960 of 2016 rejecting the prayer for bail of the petitioner has been affirmed. 2. It has been submitted by the learned counsel for the petitioner that the petitioner has been implicated only on account of he being last seen with the deceased. Learned counsel for the petitioner submits that in course of investigation only the confessional statement of the petitioner has been recorded and save and except the said confessional statement there is no other material to suggest the complicity of the petitioner in the commission of the offence. It has been submitted by the learned counsel for the petitioner that the petitioner is in remand home since 13.09.2016 and the social investigation report is also not adverse to the cause of the petitioner. 3. Learned A.P.P. for the State has opposed the prayer for bail made by the petitioner and has referred to the case diary while submitting that the petitioner has confessed his guilt and some of the witnesses had stated about the petitioner having been last seen with the deceased. It has also been stated that the deceased was a school teacher and there was a previous land dispute going on between the petitioner and others and the deceased. 4. The allegation levelled against the petitioner seems to be of being last seen with the deceased. Admittedly there is only suspicion against the petitioner on the basis of his confessional statement recorded by the Police. 5.
4. The allegation levelled against the petitioner seems to be of being last seen with the deceased. Admittedly there is only suspicion against the petitioner on the basis of his confessional statement recorded by the Police. 5. Considering such circumstance as well as the undertaking given by the father of the petitioner that he shall keep the petitioner away from any anti social element and shall put him to any physiological danger while setting aside the judgment dated 06.04.2017 passed by the learned District & Additional Sessions Judge I, Koderma in Criminal Appeal No. 09 of 2017 and the order dated 11.01.2017 passed by learned Principal Magistrate, Juvenile Justice, Board, Koderma, in connection with Chandwara P.S. Case No. 71 of 2016, corresponding to G.R. No. 960 of 2016, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Koderma in connection with Chandwara P.S. Case No. 71 of 2016, corresponding to G.R. No. 960 of 2016. This application stands allowed.