Alaxander Horo Alias Gender Horo and anr Vs. the State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/1025467
CourtJharkhand High Court
Decided OnAug-23-2013
AppellantAlaxander Horo Alias Gender Horo and anr
RespondentThe State of Jharkhand
Excerpt:
in the high court of jharkhand at ranchi cr. revision no. 681 o”1. alaxander horo @ gender horo 2. dipesh horo ..... petitioners versus the state of jharkhand .. opposite party -------- coram : honble mr. justice h. c. mishra ------ for the petitioners : mr. gaurav, advocate for the state : a.p.p. ------ 3/ 23.08.2013 heard learned counsel for the petitioners and learned a.p.p. for the state. the petitioners are aggrieved by the order dated 2.7.2013 passed by learned 1st addl. judicial commissioner, khunti, in criminal appeal no. 136 of 2013, whereby the appeal filed against the order dated 10.5.2013 passed by the learned principal magistrate, juvenile justice board, ranchi, in g.r. no. 354 of 2012, rejecting the bail application of the juvenile petitioners, has been dismissed by the learned appellate court below. the petitioners have been made accused in karra p.s. case no. 50 of 2012 corresponding to g.r. no. 354 of 2012, for the offence under sections 364, 302, 201, 120(b) / 34 of the indian penal code. the case was initially instituted for abduction of the deceased, but subsequently, the same was converted into for the offences under sections 302, 201, 120(b)/34 of the indian penal code, as the dead body of the deceased was recovered. the petitioners are not named in the fir. the impugned order shows that the petitioners have been made accused in this case on the basis of confessional statement of co-accused. the petitioners were, however, declared to be juvenile and they filed their application for bail, but their prayer was rejected by both the courts below. in the facts of this case, i am inclined to enlarge the petitioners, alaxander horo @ gender horo and dipesh horo, being juveniles, on bail. accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned principal magistrate, juvenile justice board, ranchi, in connection with g.r. no. 354 of 2012, arising out of karra p.s. case no. 50 of 2012, with the condition that one of the bailers of petitioner no. 1, alaxander horo @ gender horo, should be his mother and one of the bailers of petitioner no. 2, dipesh horo, should be his father, and they shall give an undertaking in the court below that they shall keep the juvenile-petitioners under their personal care and protection and no repetition of such offence shall be made by the petitioners. this application is accordingly, allowed. ( h. c. mishra, j.) r.kr.
Judgment:

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 681 o”

1. Alaxander Horo @ Gender Horo 2. Dipesh Horo ..... Petitioners Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioners : Mr. Gaurav, Advocate For the State : A.P.P. ------ 3/ 23.08.2013 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners are aggrieved by the order dated 2.7.2013 passed by learned 1st Addl. Judicial Commissioner, Khunti, in Criminal Appeal No. 136 of 2013, whereby the appeal filed against the order dated 10.5.2013 passed by the learned Principal Magistrate, Juvenile Justice Board, Ranchi, in G.R. No. 354 of 2012, rejecting the bail application of the juvenile petitioners, has been dismissed by the learned Appellate Court below. The petitioners have been made accused in Karra P.S. Case No. 50 of 2012 corresponding to G.R. No. 354 of 2012, for the offence under Sections 364, 302, 201, 120(B) / 34 of the Indian Penal Code. The case was initially instituted for abduction of the deceased, but subsequently, the same was converted into for the offences under Sections 302, 201, 120(B)/34 of the Indian Penal Code, as the dead body of the deceased was recovered. The petitioners are not named in the FIR. The impugned order shows that the petitioners have been made accused in this case on the basis of confessional statement of co-accused. The petitioners were, however, declared to be juvenile and they filed their application for bail, but their prayer was rejected by both the Courts below. In the facts of this case, I am inclined to enlarge the petitioners, Alaxander Horo @ Gender Horo and Dipesh Horo, being juveniles, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Ranchi, in connection with G.R. No. 354 of 2012, arising out of Karra P.S. Case No. 50 of 2012, with the condition that one of the bailers of petitioner No. 1, Alaxander Horo @ Gender Horo, should be his mother and one of the bailers of petitioner No. 2, Dipesh Horo, should be his father, and they shall give an undertaking in the Court below that they shall keep the juvenile-petitioners under their personal care and protection and no repetition of such offence shall be made by the petitioners. This application is accordingly, allowed. ( H. C. Mishra, J.) R.Kr.