Joney @ Girdhari vs The State Of Madhya Pradesh
2021 Latest Caselaw 1594 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                          Cr.R. No.968/2021
                (Jhoney @ Girdhari Vs. State of M.P.)
                                 (1)

Gwalior, dated : 27.04.2021

      Heard through Video Conferencing.

      Shri Lalan Mishra, Advocate for the applicant.

      Smt. Kalpana Parmar, Panel Lawyer for the respondent/State.

I.A. No.9577/2021, an application for urgent hearing is

considered and allowed.

This fourth Criminal Revision has been preferred by Jhony @

Girdhari, a child in conflict with law under Section 102 of the

Juvenile Justice (Care and Protection of Children) Act, 2015

(hereafter referred to as the ''Act') assailing the judgment and order

dated 11.08.2020 passed by First Additional Sessions Judge, Bhind in

Criminal Appeal No.58/2020, dismissing the revisionist's appeal

under Section 101 of the Act from an order of the Juvenile Justice

Board dated 31.07.2020, rejecting the revisionist's plea for bail

pending trial. First Criminal Revision preferred by the applicant was

dismissed as withdrawn vide order dt.07.09.2020 passed in

Cr.R.No.1887/2020. Second Criminal Revision was dismissed on

merits vide order ddt.17.12.2020 passed in Cr.R. No.2111/2020 and

third Criminal Revision was dismissed on account of no material

change in the circumstances of the case vide order dated 12.03.2021

passed in Cr.R. No.146/2021.

After being arrested in connection with Crime No.251/2020

registered at Police Station City Kotwali, District Bhind (M.P.), the

applicant is confined in Baal Samprekshan Grah in respect of the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.968/2021 (Jhoney @ Girdhari Vs. State of M.P.)

offence punishable under Sections 307, 323, 34 of IPC, added

Sections 302, 147, 148, 149 of IPC & Sections 25, 27 of Arms Act.

The allegations against the applicant and other co-accused

persons, in short, are that they took the deceased for resolving the

quarrel, which took place between the deceased and the present

applicant. When they reached near the temple of Bhawanipura Mata,

there applicant alongwith other co-accused persons was standing and

as soon as the deceased tried to escape from there, one co-acused

assaulted him by means of stick on his right hand and other co-

accused persons fired gun shot, which hit the deceased and thereafter

he died. Thereafter, applicant moved an application under Section 12

of the Act for release on bail before the Juvenile Justice Board, which

was rejected vide order dated 31.07.2020. Being aggrieved, applicant

preferred an appeal before the First Additional Sessions Judge, Bhind,

which came to be rejected by the impugned order dated 11.08.2020

affirming the order dated 31.07.2020 passed by the Juvenile Justice

Board challenging which this revision has been preferred.

Learned counsel for the applicant submits that learned Juvenile

Justice Board as well as the Appellate Court have committed an error

in rejecting the bail application, therefore, both the orders are required

to be set-aside. It is submitted that applicant has been falsely

implicated in the case. He is in custody for the last six months. The

present applicant is not the main accused. Co-accused Atul has been

enlarged on bail under Section 439 of Cr.P.C. vide order HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.968/2021 (Jhoney @ Girdhari Vs. State of M.P.)

dt.05.10.2020 passed in M.Cr.C.No.36010/2020. If the applicant is

kept in juvenile custody for long period, he may become habitual

offender. It is submitted that father of the applicant undertakes to take

proper care, impart him education and keep him away from the

criminal activities. It is prayed that revision petition may be allowed

and and he may be released on bail.

In response, learned Panel Lawyer appearing for the

respondent/State opposed the prayer.

Keeping in view the aforesaid submission of learned counsel

for the applicant and the facts & circumstances of the case, this

Criminal Revision is allowed and the impugned orders are set aside.

Applicant/juvenile is directed to be released on supurdginama

furnished by his father of a sum of Rs.50,000/- (Rupees fifty

thousand only) with one surety in the like amount to the satisfaction

of Juvenile Justice Board, Bhind (M.P.) for securing his presence

before Juvenile Justice Board, Bhind (M.P.) on all the dates of

hearing fixed in this regard till the disposal of the criminal case

arising out of Crime No251/2020.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2021.04.27 19:04:07 +05'30'