Gujarat High Court
'Xxx' Child In Conflict With Law Thro ... vs State Of Gujarat on 2 August, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1043/2024 ORDER DATED: 02/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL) NO. 1043
of 2024
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'XXX' CHILD IN CONFLICT WITH LAW THRO HAJUBEN RAMABHAI
BHARVAD
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR HARDIK MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 02/08/2024
ORAL ORDER
1. RULE. Learned Additional Public
Prosecutor waives service of notice of Rule on
behalf of respondent - State.
2. This application has been filed by the
child in conflict with law through his mother as
a guardian under Section 102 of the Juvenile
Justice (Care and Protection of Children) Act,
2015 (hereainafter referred to in short as the
'JJ Act') challenging the order of the children's
Court as well as order of Juvenile Justice Board
NEUTRAL CITATION
R/CR.RA/1043/2024 ORDER DATED: 02/08/2024
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(for short 'J.J. Board').
3. It is the case of the informant that on
16.05.2024, the accused persons have left their
cows to graze upon his agricultural land, and
therefore some scuffle took place between the
mother of the original informant and the accused,
and when the original informant along with her
husband asked the accused persons that why they
are quarreling with old lady, it is alleged that,
the accused Chandubhai had beaten the husband of
the complainant with wooden stick, and thereafter
other accused Shaileshbhai and Govindbhai had
also beaten him with wooden stick.
3.1 It is also stated that witnesses
Pravinbhai and Bharatbhai when intervened tried
to save the husband of the complainant from
further quarrel, the accused persons also had
beaten them with wooden stick and left the place.
3.2 The allegation is also against the
NEUTRAL CITATION
R/CR.RA/1043/2024 ORDER DATED: 02/08/2024
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present applicant, who is child in conflict with
law.
4. The Probation Officer Report was called
for by this Court vide order dated 23.07.2024,
and according to report, the child in conflict
with law had gone to the place taking the Tiffin
for the persons, who had gone for garazing the
cows.
5. Mr. Hardik Mehta, learned APP submitted
that the allegation against the present applicant
as child in conflict with law is that he also had
taken an active part in inflicting blows to the
deceased.
6. Heard learned advocate for the
respective parties and perused the material
produced on record. The J.J. Board as well as
Children's Court were required to take into
consideration the report of the Probation Officer
and other factors were also to be dealt with, as
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R/CR.RA/1043/2024 ORDER DATED: 02/08/2024
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was led by this Court. Both the courts were to
examine the fact, whether the juvenile was in a
mental and physical capacity to understand the
consequences of the offence alleged to have been
committed. The J.J. Board as well as Children
Court are required to take the assistance of
experience psychologist or psycho social worker
or other experts to examine the fact of mental
and physical capacity of the child in conflict
with law to commit such offence and the ability
to understand the consequences of the offence.
7. For the purpose of conducting the
preliminary assessment, as laid down by the
Hon'ble Supreme Court in Barun Chandra Thakur Vs.
Master Bholu & Anr., in Criminal Appeal No.950 of
2022, declared on 13.07.2022, it is imperative to
take the assistance of psychologist or psycho-
social worker or other experts, who are
experienced in working with children in difficult
circumstances. The most important aspect, which
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R/CR.RA/1043/2024 ORDER DATED: 02/08/2024
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has been very specifically embolden under sub-
rule 10A(2) is while making preliminary
assessment, the child shall be presumed to be
innocent unless proved otherwise. The Board while
passing the preliminary assessment order
regarding the need for trial of the said child
as an adult, shall have to assign reason for the
same. The Board decides whether the child should
be transferred on the finding of probable cause
of the child's guilt. Clause (xvi) of section 3
of the J.J. Act, for general principles for the
administration of the Act, makes it clear that
the basic procedural standard of fairness shall
be adhered to, including the right to a fair
hearing, rule against bias etc. The decision
passed by the Board must necessarily be supported
by reason, in as much as, assigning reason is the
best way out to demonstrate the application of
mind.
8. This Court in an earlier Criminal
NEUTRAL CITATION
R/CR.RA/1043/2024 ORDER DATED: 02/08/2024
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Revision Application No.1024 of 2023 (Child in
conflict with law through Guardian v. State of
Gujarat) vide judgment dated 15.09.2023 had given
the guidelines for the J.J. Board and the
Children's Court to follow in case of a juvenile
where the Court was required to have (i)
Objective satisfaction (ii) Subjective
satisfaction and (iii) Judicial satisfaction and
to examine the case of the juvenile by following
the guidelines of the National Commission for
Protection of Child Rights which were framed
after the case of the Hon'ble Apex Court in Barun
Chandra Thakur Vs. Master Bholu & Another, in
Criminal Appeal No.950 of 2022, declared on
13.07.2022.
9. The learned Children's Court has noted
that the J.J. Board has taken into consideration
the Social Investigation Report (SIR) and has
observed that there was tense atmosphere in the
village after the incident, and therefore the
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J.J. Board had considered it to be a danger for
the life and body of the child in conflict with
law, and, thus rejected the bail application.
10. The learned Children's Court had noted
that proclamation under section 144 of the
Cr.P.C. had been published and the police force
was deployed at the village, where the incident
had taken place. The learned Children's Court as
an appellate Court found it as an exceptional
circumstances and comprehended that release of
the child in conflict with law would be danger
for his life and body.
11. This Court fails to understand as to how
the rejection of bail of the child in conflict
with law would pacify the tense condition of the
village, where the children of other family
members of the villagers would be staying without
any fear and fright. The role of the child in
conflict with law has not been specified. As per
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Probation Officer, the child in conflict with law
had gone there to provide Tiffin to other
persons, who had gone as cowherd.
11.1 Both the learned Judge were required to
release the child in conflict with law and put
him in the custody of the mother and should have
directed the police to take special care of the
child in conflict with law to see his safety and
security. The failure of the police to control
the situation should not have been made a ground
for curtailing the liberty of a person, who is a
child, for whom it would always be necessary to
have the company of his family members, friends
and neighbours. The Probation Officer's report
states that now the village condition is in
control.
10. In the result, the child in conflict
with law is ordered to be released on regular
bail in connection with FIR No.11207061240411 of
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2024 registered with Shahera Police Station, upon
his mother executing a personal bond in the sum
of Rs.10,000/- (Rupees Ten Thousand Only) before
the Children's Court.
11. It is directed that if the child remains
in fear, the Probation Officer to monitor his
conduct and shall quarterly submit the report
before the Children's Court till completion of
the trial. Moreover, if the Probation Officer
considers any necessity of sending the juvenile
for any behavior modification then necessary
therapy and psychiatric support be provided to
the child in conflict with law.
12. The Revision Application is disposed of.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(GITA GOPI,J)
Pankaj
