The present revision has been filed against the order dated 17.7.2019 passed by the Special Judge, POCSO Act/Additional Session Judge, Court No.11, Hardoi in Criminal Appeal No.28 of 2019, which was preferred against the order dated 6.6.2019 passed by the Juvenile Justice Board rejecting the bail application of the accused-revisionist in FIR No.41 of 2019, under Sections 147, 149, 307, 323, 504 and 506 IPC, Police Station Sandila, District Hardoi. The learned appellate court has affirmed the order passed by the Juvenile Justice Board and has rejected the appeal.
Learned counsel for the accused-revisionist submits that co-accused, who were major on the date of incident, have been granted bail by the Sessions Court itself and the order passed by the Session Court has been placed on record as Annexure-5. The order dated 25.2.2019 passed by the Session Court would reveal that co-accused, Abdul Wahid, Mohd. Shahid, Mohd. Asghar and Mohd. Lateef have been granted bail. The accused-revisionists are in jail since 25.1.2019.
Considering the fact that in the incident no serious injury on the vital part was received by the victim and also the fact that co-accused have been enlarged on bail, it would be appropriate to enlarge the accused-revisionists on bail.
Let revisionists Shabe Alam and Jahid be released on bail in the above case crime number on their furnishing a personal bond and two sureties each to the satisfaction of Court concerned with the following conditions:-
(i) The revisionists shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The revisionists shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the revisionists misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the revisionists fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The revisionists shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the revisionists is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
In view of the order of release of the accused-revisionist on bail, the revision is allowed and the order dated 17.7.2019 passed by the Special Judge, POCSO Act/Additional Session Judge, Court No.11, Hardoi in Criminal Appeal No.28 of 2019 and the order dated 6.6.2019 passed by the Juvenile Justice Board, are hereby set aside.
Order Date :- 18.12.2019 Rao/-