2026:JHHC:1258 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 3404 of 2025 …… Bablu @ Satendar @ Shailendra Kumar …. Petitioner (s) -VERSUS- The State of Jharkhand ….. Opposite Party (s) …… CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner (s) : Mr. Praveen Shankar Dayal, Adv For the O.P.(s) :Mr. Anup Pawan Topno, APP …… 3/12.01.2026 The instant application has been preferred by the petitioner for modification/clarification by giving observation in the order dated 4th May, 2022, passed in Cr. Revision No. 430 of 2004; whereby though the conviction was sustained; however, the sentence was modified for the period already undergone subject to payment of fine of Rs.7500/- each. 2. The Petitioner in the instant application was Revisionist no. 3 in Cr. Revision No. 430 of 2004. 3. Learned counsel for the petitioner submits that after the order passed by this court, the issue of being juvenile came before the learned trial court; wherein the petitioner has been declared to be juvenile. 4. For brevity, Paragraphs No. 12, 13, 14,15 and 16 of the order passed by the learned trial Court dated 2026:JHHC:1258 2 06.08.2024 in Miss. Criminal Application No. 761 of 2023 (Annexure-2), is extracted hereinbelow. “12. In this matter, the court finds that during the course of inquiry petitioner had got examined himself as inquiry witness no.1 namely Shailendra Kumar and had also adduced certain documents that is 1. Original Certificate of Bihar Vidyalaya Pariksha Samiti of Matriculation containing the name of the petitioner as Shailendra Kumar son of Sahdev Singh, date of birth as 10.01.1977 (Ext.1), 2. Original Admit Card of Bihar Vidyalaya Pariksha Samiti containing the name of accused Shailendra Kumar son of Sahdev Singh showing his date of birth as 10.01.1977, year of registration 1992 and Roll Code allotted as 1613 (Ext.2), 3. Photo copy of Aadhar Card of Applicant, 4. Photo copy of PAN Card of Applicant, 5. Certified copy of order dated 09.06.2024 passed in S.T. Case No. 432/1994, in support of his age at the time of the incident, as per which the date of birth of the petitioner is 10.01.1977 and the date of the incident is of 14/03/1994 as mentioned in the Judgment dated 12/04/2002, it substantiate that at the time of the incident the accused was of 17 year 2 month 4 day' s and he was below 18 years at the same time it is also relevant to note that at that time of the incident the age of the juvenile was of 16 years only and the accused petitioner such had tried as an adult and convicted. He has stated that he has filed the petition for getting the benefit of provision of Juvenile Justice Act. Presently, he is working in Railway Department as Loco Pilot and for removal any adverse defect in his job, he has filed the present petition before this court. 13. In the light of the authority of the honorable Apex court as discussed above in which it had observed that if the Court finds a person to be a juvenile on the date of commission of the offence, it is to forward the juvenile to the Board for passing appropriate orders, and the sentence, if any, passed by a Court, shall be deemed to have no effect and also that that merits of the conviction could be tested and the conviction which was recorded cannot be held to be vitiated in law merely because the inquiry was not conducted by JJB. It is only the question of sentence for which the provisions of the 2015 Act would be attracted. Also on findings that the matter has been tried by the Ld. Court of First Assistant Sessions Judge in S.T. Case No. 432/199 of 1995- 96 at the court of first instance, henceforth it is hereby, ORDERED 14. That considering the above fact and circumstance of the case the court is of the opinion that the order of the conviction dated 12.04.2002 is not vitiated, hence no de novo order of the trial and disposal by the Juvenile justice Board is required to be made, hence the prayer of the sending the matter with the case of the petitioner to the JJB for its trial and disposal is not required to made in the case in hand. 15. However, on finding that the petitioner was below the 18 at the time of the incident. Let this matter be sent to the said court/ the successor court of the First Assistant Sessions Judge for sending the matter related to the present petitioner, alongwith the copy of LCR and Judgment of the said court, Appellate Court and the order of Hon'ble High court as mentioned above. J.J.B to consider the matter. 16. The Juvenile Justice Board Jamshedpur to pass an appropriate order, on the point of sentence accordingly, as per the provision of Juvenile Justice 2026:JHHC:1258 3 (Care & Protection of children) Act 2015, after determination the claim of the Juvenility of the petitioner without testing the merit of the conviction.” Emphasis Supplied 5. By relying upon the aforesaid judgment whereby the petitioner has been declared juvenile, learned counsel for the petitioner submits that in view of Section 24 of Juvenile Justice (Care & Protection of Children) Act 2015, the conviction of this petitioner who has been declared juvenile shall not come on the way of his future service. 6. Learned Addl. P.P though does not oppose the prayer of declaring the petitioner to be not disqualified as juvenile but he submits that the same should have been done by the Juvenile Justice Board itself. 7. Heard learned counsel for the parties and perused the order passed in Cr. Revision No. 430 of 2004; whereby though the conviction was sustained and the petitioner’s sentence were directed for period already undergone subject to payment of fine of Rs. 7500/- each and also the order passed by the learned trial court in Miss. Criminal Application No. 761 of 2023. 8. It is evident that the petitioner has been declared juvenile; relevant para of the order has already been extracted hereinabove. Thus, this court is having no hesitation in clarifying the order dated 04.05.2022 passed 2026:JHHC:1258 4 by this Court in Cr. Revision No. 430 of 2004, that the conviction of the petitioner shall not come on the way of his future service etc., in view of Section 24 of Juvenile Justice (Care & Protection of Children) Act 2015. 9. With the aforesaid clarification in the order dated 04.05.2022 in Cr. Revision No. 430 of 2004, the instant application stands allowed. 10. It goes without saying that since the petitioner has already been declared juvenile, accordingly in view of Sub Section (2) of Section 24 of the Juvenile Justice (Care & Protection of Children) Act 2015, the Juvenile Justice Board shall pass a specific order for destroying the records of the case. 11. Let a copy of this order be send to the concerned court. (Deepak Roshan, J) 12.01.2026 Amardeep/ Uploaded 20/01/2026