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2017 DIGILAW 1759 (JHR)

Subham Munda, Son of Sarwan Kumar Munda v. State of Jharkhand

2017-10-10

RONGON MUKHOPADHYAY

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JUDGMENT : Rongon Mukhopadhyay, J. Heard the parties. 2. This application is directed against the order dated 28.9.2016 passed by the learned Principal Magistrate, Juvenile Justice Board, Khunti in connection with Murhu P.S. Case No. 34 of 2016, G.R. Case No. 158 of 2016 whereby and whereunder the prayer for bail of the petitioner has been rejected. A further challenge has been made to the order dated 23.12.2016 passed by the learned Sessions Judge, Khunti in Cr. Appeal No. 23 of 2016 by which order passed by the learned Principal Magistrate, Juvenile Justice Board, Khunti has been affirmed. 3. It has been stated by the learned counsel for the petitioner that no allegation has been levelled as against the petitioner in committing the murder of the deceased, save and except the confessional statement of the petitioner as well as the confessional statement of other co-accused persons namely Parmeshwar Mahto and Shabnam Kumari. It has also been stated that the petitioner is in remand home since 18.08.2016 and his mother has given an undertaking that the petitioner shall not be allowed to come in the company of anti-social element and shall not be subjected to the moral, physical and psychological danger. It has been submitted that similarly situated co-accused Rahul Pahan has been granted bail by this Court on 23.3.2017 in Cr. Revision No. 210 of 2017. 4. Learned A.P.P appearing on behalf of the State has opposed the prayer for bail of the petitioner but on perusal of the case diary has admitted to the fact, the save and except the confessional statement of other co-accused persons as well as the self confession of the petitioner there is no other material available to implicate the petitioner in the commission of the murder. 5. It appears that the petitioner was not named in the FIR and subsequently his name transpired in the confessional statements of co-accused persons Parmeshwar Mahto and Shabnam Kumari which have been recorded in para 38 and 50 of the case diary. The petitioner had also confessed which fact has been recorded in the case diary. Apart from the confessional statement, there does not appear to be any incriminating material collected by the police in order to implicate the petitioner in the commission of the murder. Moreover, the petitioner is in remand home since 18.08.2016. The petitioner had also confessed which fact has been recorded in the case diary. Apart from the confessional statement, there does not appear to be any incriminating material collected by the police in order to implicate the petitioner in the commission of the murder. Moreover, the petitioner is in remand home since 18.08.2016. This fact has not been properly appreciated by the learned court below while refusing to grant bail to the petitioner. 6. Accordingly, in view of what has been stated above, this application is allowed and the impugned order dated 28.09.2016 passed by the learned Principal Magistrate, Juvenile Justice Board, Khunti in connection with G.R. Case No. 158 of 2016 arising out of Murhu P.S. Case No. 34 of 2016 is hereby quashed and set aside. 7. The petitioner, named above, 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 at the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Khunti in connection with G.R. Case No. 158 of 2016 arising out of Murhu P.S. Case No. 34 of 2016 with a condition that the mother of the petitioner will keep the petitioner at a safe place and will not allow him to meet any bad element and further directed to produce the petitioner before the Juvenile Justice Board, Khunti on each and every date fixed in the concerned case till the conclusion of the inquiry. 8. Pending I.A. also stands disposed of. Application allowed.