Allahabad High Court
Sha (Kalpanik Name ) vs State Of U.P. And Another on 8 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:159773
Court No. - 80
Case :- CRIMINAL REVISION No. - 587 of 2023
Revisionist :- Sha (Kalpanik Name )
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Krishna Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for revisionist, learned counsel for opposite party as well as learned A.G.A. for State and perused the record.
The present criminal revision has been preferred by the revisionist through his mausi under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 21.12.2022 passed by learned Special Judge, (POCSO Act) Moradabad in Crl. Appeal No. 46 of 2022 as well as order dated 27.5.2022 passed by Juvenile Justice Board, Moradabad. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case No. 47 of 2021, under Sections 147, 149, 302, 323, 504, 506 IPC arising out of case Crime No.347 of 2020, Police Station Mundhpandey, District Moradabad.
It is submitted by learned counsel for the revisionist that in this case the delinquent was aged about 14 years and nine months at the time of alleged incident and is languishing in Child Care Home since 23.9.2020 ie more than two and half year. As per allegations made in the F.I.R, the assault was made on the deceased with danda by the delinquent and five other co-accused persons while causing injury to the deceased and other injured person.It is further submitted that four anti postmortem injuries were found on the person of the deceased which show that the injuries were not caused by the present delinquent only. It is also submitted that in case the delinquent is held guilty he may be kept in the observation home for a period of three years only as per the provision of J.J. Act. It is also submitted that the other co-accused Vikas has already been granted bail by co-ordinate Bench of this Court in Crl. Revision No. 94 of 2022 by order dated 25.4.2022, who was also named in the F.I.R.
There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court. The delinquent is in Juvenile Care Home since 23.9.2020 and and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.
Learned A.G.A opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 27.5.2022 and the appellate court dated 21.12.2022 are, hereby, set aside and present Criminal Revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (mausi of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:-
(i) The revisionist/mausi will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and mausi that the mother will ensure that the juvenile will not repeat the offence.
(ii) The revisionist/maus iwill further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the revisionist/mausi will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 8.8.2023
G.S
