Mohammad Shanib Alias Anam vs The State Of Madhya Pradesh
2021 Latest Caselaw 1621 MP

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.177 of 2021 (Mohammad Shanib @ Anam Vs. The State of Madhya Pradesh)

Jabalpur, Dated 28.04.2021

Heard through Video Conferencing.

Shri Naveen Kumar Agrawal, counsel for the applicant.

Shri Anuj Singh, counsel for the State.

Case diary is not available.

This criminal revision under Section 102 of the Juvenile

Justice (Care and Protection of Children) Act, 2015 has been filed

against the order dated 28.12.2020 passed by 18th Additional

Sessions Judge, Bhopal in Criminal Appeal No.207/2020 thereby,

affirming the order dated 08.12.2020 passed by Juvenile Justice

Board, Bhopal in Crime No.687/2020 registered at Police Station

Eshbagh, District Bhopal by which the application filed by the

applicant under Section 12 of Juvenile Justice (Care and Protection

of Children) Act, 2015 (Act, 2015) has been rejected.

It is submitted by the Counsel for the applicant, that since, the

facts of the case are already mentioned in detail in the rejection order

itself, therefore, this revision may be decided on the basis of the

same.

According to the order passed by the Appellate Court, on

18.11.2020, complainant Tarun Pathak lodged an FIR on the

allegation that on 18.11.2020 he had parked his motor-cycle bearing

Signature Not Verified Registration No.MP-4/NS 6439 in front of his house. On the next SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.30 15:06:31 IST

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.177 of 2021 (Mohammad Shanib @ Anam Vs. The State of Madhya Pradesh)

day, he found that the said motor-cycle was missing. According to

the prosecution case, the applicant was taken into custody on

01.12.2020 and the stolen motor cycle has been seized from the

possession of the applicant. It is submitted by the counsel for the

applicant that the applicant is in custody from 01.12.2020. It is true

that the report of the Probation Officer is against the applicant but

looking to the period of custody his prayer for release may be

considered sympathetically. It is further submitted that the mother of

the applicant undertakes to keep the applicant away from the anti-

social elements and would take proper care of the applicant.

Per contra, the revision is opposed by the counsel for the State.

It is submitted that not only the stolen motor-cycle was seized from

the possession of the applicant, but according to the report of the

Probation Officer, it is clear that the applicant is not in the company

of good persons and he generally remains in the company of older

persons and under these circumstances the release of the applicant

would not be in the interest of justice.

Heard learned counsel for the parties.

Section 12 of Act, 2015 reads as under :-

"12. Bail to a person who is apparently a child alleged to be in conflict with law.-

(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, Signature Not Verified SAN is apprehended or detained by the police or appears or brought

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.30 15:06:31 IST

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.177 of 2021 (Mohammad Shanib @ Anam Vs. The State of Madhya Pradesh)

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 or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so 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.

(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub- section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail."

Thus, it is clear that prayer for release of child in conflict with

law, on bail can be rejected only when there are reasonable grounds

for believing that the release is likely to bring the child in conflict

with law into association of any known criminals or may expose the

child in conflict with law to moral, physical or psychological danger

or the release of the child in conflict with law would defeat the ends

of justice.

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.30 15:06:31 IST

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.177 of 2021 (Mohammad Shanib @ Anam Vs. The State of Madhya Pradesh)

According to the prosecution case, the stolen motor-cycle was

seized from the possession of the applicant. Although there is

sufficient material to prima facie show the involvement of the

applicant in a criminal act but the basic object of Act, 2015 is to

ensure the upliftment and improvement of child in conflict with law.

The counsel for the applicant has submitted that the mother of

the applicant would take proper care of the applicant and would

ensure that he is not exposed to moral, physical or psychological

danger or the applicant does not come into association of known

criminal.

Under these circumstances, this Court is of the considered

opinion that the prayer for release of the applicant can be allowed.

Accordingly, the judgment dated 28.12.2020 passed by 18 th

Additional Sessions Judge, Bhopal and order dated 08.12.2020

passed by Principal Judge, Juvenile Justice Board, Bhopal in Crime

No.687/2020 are hereby set aside. It is directed that on furnishing a

bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) by the

mother of the applicant to the satisfaction of the Juvenile Justice

Board, the applicant be handed over to the custody of his mother

Smt. Meenu. The mother of the applicant is also directed to submit

her undertaking before the Juvenile Justice Board that she would

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.30 15:06:31 IST

THE HIGH COURT OF MADHYA PRADESH Criminal Revision No.177 of 2021 (Mohammad Shanib @ Anam Vs. The State of Madhya Pradesh)

keep the applicant present before the Board whenever his presence is

required.

With the aforesaid observations, this revision succeeds and is

hereby allowed.

(G.S. Ahluwalia) Judge

AM.

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.04.30 15:06:31 IST