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Judgment
P.P. Bhatt, J.—This criminal revision petition has been filed u/s 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the impugned order dated 5.9.13 passed in Criminal Appeal No. 267 of 2013 by Sessions Judge, Dhanbad and order dated 11.7.2013 passed by Juvenile Justice Board, Dhanbad in G.R. Case No. 3332/2012, corresponding to Jharia P.S. Case No. 319/12, whereby, prayer for bail of the applicant has been rejected. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the impugned orders and other papers annexed to the petition.
Learned counsel for the petitioner by referring Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 as also by referring the case laws enumerated in the judgments reported in Laws (All) 1991-7-65 (RAIS S. Vs. State of U.P.), Laws (MPH)-2000-8-45 (Rahul Mishra Vs. State of Madhya Pradesh, Laws Mata alias Manohar Singh Vs. State of Rajasthan, and Laws (ALL)-2003-2-13 (Lavkush Chamar @ Lavkush Seth Vs. State of U.P.) submitted that the applicant may be released on bail by imposing certain conditions.
The learned A.P.P. appearing for the State opposed the prayer for bail, made by the learned counsel for the applicant, and submitted that after careful consideration of the facts and circumstances, involved in this matter, the learned court below has passed the impugned orders and therefore, there is no illegality in the impugned orders.
Having regard to the facts and circumstances of the present case as well as the provision of law pointed out u/s 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the principles enumerated in the aforesaid judgments, during pendency of the present case, the petitioner, Md. Suhail Khan @ Suhail Khan @ Sohail Khan is directed to be enlarged on provisional bail initially for a period of 60 (sixty) days, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Juvenile Justice Board, Dhanbad in connection with Jharia P.S. Case No. 319/12, corresponding to G.R. No. 3332/2012 with conditions that one of the bailers will be the father of the applicant. The other usual condition enumerated u/s 437(3) Cr.P.C. be followed.
The I.O. concerned as well as the Probation Officer shall supervise the applicant and submit their reports before this Court in the event of any adverse behaviour of the applicant. On completion of the period of 60 days, further prayer with regard to bail of the applicant shall be considered by this Court.
With the aforesaid observations and directions, put up this case after 60 days. Let this order be communicated to the court below concerned through FAX at the cost of the petitioner.