Gujarat High Court
Dangi Satpalsinh @ Kohinoor ... vs State Of Gujarat on 12 October, 2022
Bench: Samir J. Dave
R/CR.RA/991/2022 ORDER DATED: 12/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 991 of 2022
===============================================================
DANGI SATPALSINH @ KOHINOOR DILIPSINH (JUVENILE) THROUGH
DANGI SONKAUR DILIPSINH
Versus
STATE OF GUJARAT
================================================================
Appearance:
ANURAG R RATHOR(9315) for the Applicant(s) No. 1
MR R. C. KODEKAR, APP for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 12/10/2022
ORAL ORDER
1. 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 21.07.2022 passed in
Criminal Appeal No.218 of 2022 by the learned 2 nd
Additional Sessions Judge & Children Court, Jamnagar
as well as order dated 08.07.2022 passed by the learned
Principal Magistrate, Juvenile Justice Board, Jamnagar
made in connection with FIR being C.R.
No.11202002212318 of 2021 registered with Jamnagar
City 'C' Division Police Station, Jamnagar.
2. Heard learned advocate appearing for the applicant and
learned APP appearing for the respondent-State.
3. Learned advocate appearing for the applicant submits
R/CR.RA/991/2022 ORDER DATED: 12/10/2022
that applicant is aged about 17 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. Hence, it is requested by learned
advocate for the applicant to allow present applicant.
4. 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.
5. Having heard learned advocate for the applicant and
learned APP appearing for the respondent-State, it
appears that pursuant to impugned FIR, the applicant
had approached the learned 2nd Additional Session
Judge, Jamnagar by way of Criminal Appeal No.218 of
2022, whereas by order dated 21.07.2022 the
application came to be rejected.
6. 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
R/CR.RA/991/2022 ORDER DATED: 12/10/2022
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."
7. 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 17 years,
prayer made by the present applicant requires
consideration.
8. Accordingly, present application is hereby allowed. The
impugned judgment and order dated 21.07.2022 passed
in Criminal Appeal No.218 of 2022 by the learned 2 nd
Additional Sessions Judge & Children Court, Jamnagar
as well as order dated 08.07.2022 passed by the learned
Principal Magistrate, Juvenile Justice Board, Jamnagar
made in connection with FIR being C.R.
No.11202002212318 of 2021 registered with Jamnagar
City 'C' Division Police Station, Jamnagar, are quashed
and set aside.
R/CR.RA/991/2022 ORDER DATED: 12/10/2022
9. The applicant is ordered to be released on regular bail
in connection with an FIR being C.R.
No.11202002212318 of 2021 registered with Jamnagar
City 'C' Division Police Station, Jamnagar for the offence
punishable U/S. 454, 457, 380, 414 and 114 of Indian
Penal Code, 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 prosecution;
[c] surrender passport, if any, to the lower court
within a week;
[d] not leave Jamnagar District without prior
permission of the Sessions Judge concerned till
the trial is over;
[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;
10. 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
R/CR.RA/991/2022 ORDER DATED: 12/10/2022
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.
11. 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
