Gujarat High Court
Sahil Mohmedrafik Riyazahmed ... vs State Of Gujarat on 8 July, 2022
Bench: Samir J. Dave
R/CR.RA/645/2022 ORDER DATED: 08/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 645 of 2022
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SAHIL MOHMEDRAFIK RIYAZAHMED PATHAN THRO SAMINABANU
MOHMEDRAFIK PATHAN
Versus
STATE OF GUJARAT
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Appearance:
A M ANSARI(7703) for the Applicant(s) No. 1
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1
MS M. H. BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 08/07/2022
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for and on
behalf of Respondent-State.
2. By way of preferring this Criminal Revision Application
under Section 102 of Juvenile Justice Act, 2015, applicant has
prayed for quashing and setting aside judgment and order
dated 15.04.2022 passed in Criminal Appeal No.94 of 2022 by
the learned Additional Sessions Judge, Children Court, Court
No.2, Ahmedabad as well as order dated 23.08.2021 passed by
the learned Principal Magistrate, Juvenile Justice Board,
Ahmedabad made in connection with FIR being C.R.
No.11191012210616 of 2021 registered with Danilimda Police
Station, Ahmedabad.
3. Heard learned advocate appearing for the applicant and
learned APP appearing for the respondent-State.
R/CR.RA/645/2022 ORDER DATED: 08/07/2022
4. Learned advocate appearing for the applicant submits that
applicant is aged about 15 years, innocent and falsely
implicated as an accused in the present offence. There is no
allegation worth the more any serious allegations made in the
Fir against the applicant. The FIR is registered out of malafide.
It is absolutely false and frivolous. That applicant has no
criminal antecedents. Hence, it is requested by learned
advocate for the applicant to allow present applicant.
5. Learned APP appearing for the respondent-State has strongly
objected the submissions made by learned advocate for the
applicant and requested to dismiss the present application.
6. Having heard learned advocate for the applicant and learned
APP appearing for the respondent-State, it appears that
complainant's brother Mohamedrafik had left the house since
2012 and further on the date of incident complainant was
informed by his brother in law and his friend that body of his
brother is lying at Calico Mill and therefore, complainant
rushed to the spot and upon inspection, he found that his
brother was found in dead condition lying on the spot,
therefore, the complainant has filed impugned complaint.
Pursuant to that impugned FIR, the applicant had approached
the learned Additional Session Judge, Children Court, Court
No.2, Ahmedabad by way of Criminal Appeal No.94 of 2022,
whereas by order dated 15.04.2022 the application came to be
rejected.
R/CR.RA/645/2022 ORDER DATED: 08/07/2022
7. Here, this Court would like to refer Section 12 of the Juvenile
Justice (Care and Protection) of Children Act, 2015 which
provides as under:
"(1) When any person, who is apparently a child and is a
alleged to have committed a bailable or non bailable offence,
is apprehended or detained by the police or appears or brought
before a Board, Such Person shall, notwithstanding anything
contained in the code of Criminal Procedure, 1973 or in any
other law for the time being in force, be released on bail with
or without surety or placed under the supervision of a
probation officer or under the care of any person.
Provided that such person shall not be released if there appears
reasonable grounds for believing that the release is likely to
bring that person into association with any known criminal or
expose the said person to moral, physical or psychological
danger or the person's release would defeat the ends of justice,
and the Board shall record the reasons for denying the bail and
circumstances that led to such a decision."
8. From the record and submissions made by learned advocate
appearing for the applicant and learned APP appearing for
the respondent-State as well as considering the age of the
present applicant at 15 years, prayer made by the present
applicant requires consideration.
9. Accordingly, present applicant is hereby allowed. The
impugned judgment and order dated 15.04.2022 passed in
Criminal Appeal No.94 of 2022 by the learned Additional
Sessions Judge, Children Court, Court No.2, Ahmedabad as
well as order dated 23.08.2021 passed by the learned Principal
Magistrate, Juvenile Justice Board, Ahmedabad made in
connection with FIR being C.R. No.11191012210616 of 2021
R/CR.RA/645/2022 ORDER DATED: 08/07/2022
registered with Danilimda Police Station, Ahmedabad, are
quashed and set aside.
10. The applicant is ordered to be released on regular bail in
connection with an FIR being C.R. No.11191012210616 of 2021
for the offence punishable U/S. 302, 34, 120(B) of Indian Penal
Code & U/S. 135 (1) of the Gujarat Police Act, registered with
Danilimda Police Station, Ahmedabad, subject to the
condition that the applicant shall:
[a] not take undue advantage of liberty or misuse
liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Judge concerned;
[e] furnish latest and permanent address of residence to
the Investigating Officer and also to the Court at the
time of execution of the bond and shall not change the
residence without prior permission of the learned
Sessions Court concerned;
11. The Authorities will release the applicant only if he is not
required in connection with any other offence for the time
being. If breach of any of the above conditions is committed,
the Sessions Judge concerned will be free to issue warrant or
take appropriate action in the matter. Bail bond to be executed
R/CR.RA/645/2022 ORDER DATED: 08/07/2022
before the learned Lower Court having jurisdiction to try the
case. It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions, in accordance with
law. At the trial, learned Trial Court shall not be influenced by
the observations of preliminary nature, qua the evidence at
this stage, made by this Court while enlarging the applicant
on bail. Rule is made absolute. Direct service is permitted.
12. This order be communicated to the applicant through Jail
Authorities by the registry as well as learned Sessions Court
concerned.
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
