N THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.606 of 2011
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Kamaljit Kumar Singh @ Kamaljeet Singh .Petitioner
. Versus
The State of Jharkhand ..., Opp.party
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner : Mr. Kaushik Sarkhel.
For the State : A.P.P.
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02/20.10.2011
. This revision is directed against the judgment
dated 08.08.2011 passed by Sessions Judge, Dhanbad in
Criminal Appeal No. 147 of 2011, whereby he dismissed the
appeal and consequently rejected the bail prayer of the
petitioner.
Admittedly, petitioner is a juvenile. From perusal
of the impugned judgment, I find that the court below has
rejected the prayer for bail of the petitioner by saying that
“the act of the appellant(petitioner) is sufficient to suggest
that he has already gone in association of known criminal
having evil design in his mind”.
From perusal of the impugned judgment , I find
that learned court below has given the said finding merely
on presumption. There is nothing on record to show that
petitioner has gone in association of known criminal. Thus,
exception as enumerated under section 12 of the Juvenile
Justice ( Care and Protection of Children) Act has no
application in this case. Under the said circumstance, the
orders passed by the court below cannot be sustained.
Accordingly, this revision application is allowed
and the judgment passed by the learned Appellate Court as
well as the order passed by the Juvenile Justice Board are
hereby set aside.
Accordingly, Juvenile Justice Board is directed to
release the petitioner, named above, on bail, on furnishing
bail bond of Rs. 10,000/-(ten thousand) with two sureties of
the like amount each to the satisfaction of Juvenile Justice
Board, Dhanbad in connection with Dhanbad (Dhansar)
P.S.case No. 488 of 2011, G.R.No. 1962 of 2011.
( Prashant Kumar,J.)
Raman/Cp3.