Ashutosh Tiwari @ Babua vs State of Jharkhand

D.K. Sinha, J.—This Criminal Revision has been preferred u/s 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for setting aside the judgment recorded on 7.4.2010 by the Sessions Judge Palamau Daltonganj in Cr. Appeal No. 47 of 2010 by which the prayer for bail of the Petitioner rejected by the Juvenile Justice Board, Palamau at Daltonganj in G.R. No. 173 of 2010 corresponding to Rehla P.S. Case No. 03 of 2010 was affirmed and the appeal was dismissed.

The Petitioner had earlier moved for bail before this Court in Cr.Rev. No. 494 of 2010 which was dismissed as withdrawn by order dated 20.8.2010, however, with the liberty to the Petitioner to renew his prayer for his release in future.

The prosecution story in short was that on the alleged date of occurrence in the evening while the informant was working in his field he witnessed the Petitioner demanding money from his father (deceased) for purchasing Tobacco and other narcotics to which his father denied to pay whereupon the Petitioner took out a knife and started inflicting repeated blows as a result of which his father sustained fatal injuries, fell down and died at the spot. The Petitioner was chased by the informant and Ors. but he escaped in his house. The matter was informed to the police station and on that basis Rehla P.S. Case No. 3 of 2010 was instituted against the Petitioner for the alleged offence u/s 302 of the Indian Penal Code. The Petitioner took a plea of juvenility before the CJM and after enquiry he was declared Juvenile as on the alleged date of occurrence. He then moved for bail u/s 12 of the Juvenile Justice (Care and Protection of Children) Act 2000 which was dismissed by order dated 7.4.2010 on merit considering the fact that he had already come under the influence of anti-social elements and the allegation against him was serious in nature as also that his release would render him open to physical, psychological and moral danger. Similar view was taken by the learned Sessions Judge in Cr. Aappeal No. 4/ of 2010 while rejecting the prayer of the Petitioner for his bail and it was observed therein that his release would defeat the ends of justice though certain contradictions were pointed out in the statements of the witnesses as to the manner of assault which was discussed with reference to the case diary. It was pointed out that the father of the informant was assaulted with the sticks whereas the other witnesses had given different version that he was stabbed to death by the Petitioner. The report of the probationary officer is on the record who simply recommended that the Petitioner may be released on bail and placed under supervision of local Probation Officer without giving details of his observation, yet, the fact remains as to whether the defence of the Petitioner comes within the proviso of Section 12 of the Act so as to deny his statutory right of bail secured by way of benevolent legislation of Juvenile Justice (Care and Protection of Children) Act, 2000.

The Juvenile Justice Board, Palamau at Daltongan has simply discussed that the Petitioner has already come under the influence of antisocial elements but without explanation as to how and in what manner. The Sessions Judge Palamau at Daltonganj has simply concurred the view taken by J.J. Board.

Having regard to the facts and circumstances of the case, to my view the case of the Petitioner does not come within proviso of Section 12 of the Act so as to deny his right of bail which is a statutory right with certain exception contained in its proviso.

In the circumstances, the Petitioner Ashutosh Tiwari @ Babua is directed to be released on executing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Palamu at Daltonganj in G.R. No. 173 of 2010 corresponding to Rehla P.S. Case No. 03 of 2010 with the conditions that the parents would be the bailors of the Petitioner who will take care of him and produce the Petitioner as and when required by the J.J Board, Palamau at Daltonganj preferably in the first week of each month till conclusion of the enquiry or any other date as suggested by the J.J. Board in each month.

With this observation this Cr. Rev is allowed.