Gujarat High Court
Mohammad Vasim Safi Mohammad ... vs State Of Gujarat on 9 March, 2022
Bench: B.N. Karia
R/CR.RA/960/2021 ORDER DATED: 09/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 960 of 2021
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MOHAMMAD VASIM SAFI MOHAMMAD LUHAR THRO SAFI MOHAMMAD
SULTANBHAI LUHAR
Versus
STATE OF GUJARAT
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Appearance:
MR CHIRAG H PAREKH(5249) for the Applicant(s) No. 1
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 09/03/2022
ORAL ORDER
1. By way of preferring this Revision Application under Section
103 of the Juvenile Justice (Care and Protection of Children) Act,
2015, applicant has prayed for following reliefs:
"(A) Your Hon'ble Court be pleased to admit this Criminal
Revision Application of applicant;
(B) Your Hon'ble Court be pleased to allow this Criminal
Revision Application filed by applicant under Section 103 of
the Juvenile Justice (Care and Protection of Children) Act,
2015 and further be pleased to quashed and set aside the
order of Ld. Juvenile Court (President Juvenile Board) as
CR.M.A. No.360/2021, dated 10/08/2021 and order passed in
Criminal Appeal No.223/2021 of Ld. Addi. Sessions Judge
and children Court, at Ahmedabad, dated 12/11/2021 and
enlarge the Juvenile accused on Regular bail, in connection
with the offence registered with A- C.R.
No.11191012210616/2021 of Danilimda Police Station, for
the offence punishable u/s. 302, 120-B, 34 of the I.P.C. and U/
s. 135(1) of the G.P. Act, on such terms and conditions as
deemed fit and necessary."
2. Heard learned advocate appearing for the applicant and
R/CR.RA/960/2021 ORDER DATED: 09/03/2022
learned APP appearing for the respondent-State.
3. It is submitted by learned advocate appearing for the applicant
that order passed by the learned Juvenile Court (President Juvenile
Board) and Sessions Court is perverse and against the legal
provisions of law. That applicant is an innocent and falsely
implicated in the said. That present applicant is aged about 15 years
and 8 months and he is studying in 10 th standard in Life Line English
School at Danilimda, Ahmedabad and present applicant not an over
act in the present case as per the charge-sheet papers and he is a
student but authority has shown him as a criminal person but he is
not a criminal person. Hence, it is requested by learned advocate
appearing for the applicant to allow present application.
4. Learned APP appearing for the respondent-State has strongly
objected the submissions made by learned advocate appearing for
the applicant and submitted that applicant is involved in serious
offence, and therefore, no lenient view can be taken by this Court.
Hence, it is requested by learned APP appearing for the respondent-
State to dismiss the present application.
5. Having heard learned advocate appearing for the applicant and
learned APP appearing for the respondent-State, it is not in dispute
R/CR.RA/960/2021 ORDER DATED: 09/03/2022
that age of the present applicant is 15 years and 8 months when the
alleged offence was committed by him and he is studying in 10 th
standard in Life Line English School at Danilimda, Ahmedabad.
Applicant is the accused in connection with FIR being C.R.
No.11191012210616/2021 registered with Danilimda Police Station,
for the offence punishable u/s. 302, 120-B and 34 of the I.P.C. as
well as Section 135(1) of the G.P. Act.
6. If we consider the Section 12 of the Juvenile Act, which is as
under:
"When any person accused of a bailable or non-
bailable offence, and apparently a juvenile, is arrested
or detained or appears or is brought before a Board,
such person shall, notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974)
or in any other law for the time being in force, be
released on bail with or without surety but he shall not
be so released if there appear reasonable grounds for
believing that the release is likely to bring him into
association with any known criminal or expose him to
moral, physical or psychological danger or that his
release would defeat the ends of justice."
7. As per the charge-sheet filed by the Investigating Agency and
affidavit of Investigating Officer, at the time of committing this
offence, applicant was present and watching the place by using his
motor Bike Passion while commission of the offence. No other
allegations are made by the prosecution against the present
R/CR.RA/960/2021 ORDER DATED: 09/03/2022
applicant. He was not part of the previous incident of giving any
injury to the deceased or using any weapon. In a second part only his
presence was shown by the prosecution as he was watching the place
by using his motor Bike passion.
8. Considering the peculiar facts of the present case and charge-
sheet is filed by the prosecution, presence of the present applicant
would not be required in judicial custody for any further period.
9. Accordingly, present application is hereby allowed. The
impugned judgment and order dated 10.08.2021 passed in Criminal
Misc. Application No.360 of 2021 by learned Juvenile Court
(President Juvenile Board) and judgment and order dated 12/11/2021
passed in Criminal Appeal No.223/2021 by Ld. Addi. Sessions
Judge and Children Court, at Ahmedabad, shall be quashed and set
aside.
10. The applicant is ordered to be released on regular bail in
connection with an FIR being C.R. No.11191012210616/2021
registered with Danilimda Police Station, for the offence punishable
u/s. 302, 120-B, 34 of the I.P.C. and U/s. 135(1) of the G.P. Act
subject to the conditions 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
R/CR.RA/960/2021 ORDER DATED: 09/03/2022
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 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.
12. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(B.N. KARIA, J)
SUYASH
