Chhotu Sheikh @ Chhotu @ Akbar Sheikh @ Guljar @ Akbar Sheika @ Akbar Khase v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.785 of 2015 ======================================================
1. CHHOTU SHEIKH @ CHHOTU @ AKBAR SHEIKH @ GULJAR @ AKBAR SHEIKA @ AKBAR KHASE, son of Roushan Ali, resident of Village/Mohalla- Nawadih, Police Station- Aurangabad, DistrictAurangabad, under the guardianship of his father Md. Raushan Ali, S/o Md. Idrish, R/o+Vill+Moh- Nawadih, P.S.- Aurangabad, DisttAurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Respondent/s : Mr. Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 01-10-2015 This Revision Application has been filed against the judgment and order dated 27.06.2015 passed by the Sessions Judge, Aurangabad, in Cr. Appeal No.40 of 2015 whereby he has affirmed the order dated 06.06.2015 passed by the Juvenile Justice Board, Aurangabad, in Juvenile G.R. No.1612 of 2014/Tr. No.768 of 2015 arising out of Aurangabad Town P.S. Case No. 254 of 2014.
Considering that the Petitioner has fair antecedents and his father undertakes his responsibility, let the Petitioner, above named, be released provisionally for a period of six months on furnishing bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board,
Patna High Court CR. REV. No.785 of 2015 (2) dt.01-10-2015 2/3 Aurangabad, in connection with Aurangabad Town P.S. Case No.254 of 2014, subject to the conditions:
(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another bailor shall be the father of the Petitioner.
The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bond on the ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bond will be liable to be cancelled for reasons of misuse, and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.
Patna High Court CR. REV. No.785 of 2015 (2) dt.01-10-2015 3/3 In the nature of the case, the petitioner is directed to appear before the Imam of local Mosque situated within his home town, within fifteen days of his release on provisional bond for a period of six months and file a certificate about the same in the court within the stipulated time. In case, the petitioner fails to file certificate about reporting to the Imam of local Mosque within two weeks of his release from custody, notice shall be sent to him for cancellation of his bond. During the period of six months, the petitioner is expected to engage himself in fruitful activities under the guidance of the Imam of Mosque and at the end of the six months, the petitioner will be required to file a certificate of his conduct before the Juvenile Justice Board granted by the Imam of the Mosque. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bond of the petitioner or else will issue notice for cancellation of bond. The application stands allowed.
(Anjana Prakash, J) JA/- U T