Vidhi Ka Ulanghan Karne Wala Balak ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 4489 MP

THE HIGH COURT OF MADHYA PRADESH CRR No. 1685/2021 Vidhi Ka Ullanghan Karne Wala Balak Vs. State of MP

Gwalior, Dated : 18-08-2021

Shri D.R. Sharma, counsel for the applicant through video

conferencing.

Shri Nitin Goyal, Counsel for the State.

This criminal revision under Section 102 of Juvenile Justice

(Care and Protection of Children) Act, 2015 (in short "Act, 2015")

has been filed against the order dated 27.03.2021 passed by Sessions

Judge, Bhind in Criminal Appeal No. 13/2021 thereby affirming the

order dated 08.03.2021 passed by Juvenile Justice Board, Bhind in

Crime No.40/2021 registered at Police Station Umri District Bhind,

by which the application filed by the applicant under Section 12 of

the Act, 2015 for grant of bail has been dismissed.

It is not out of place to mention here that the first criminal

revision filed by the applicant has already been dismissed by order

dated 03.05.2021 passed in Cr.R. No.1155/2021. It is submitted by

the counsel for the applicant that although the allegation against the

applicant are that he had fired a gunshot from his .12 bore double

barrel gun on the employees of toll booth. However, the employees

have succeeded in saving their lives, but one shot hit on the

computer and another shot hit on the CCTV Camera. It is submitted

by the counsel for the applicant that in the wake of Covid-19

THE HIGH COURT OF MADHYA PRADESH CRR No. 1685/2021 Vidhi Ka Ullanghan Karne Wala Balak Vs. State of MP

Pandemic, he may be granted bail for a period of 90 days. It is

further submitted that the applicant has never been released on parole

in the light of judgment passed by the Supreme Court as well as

Division Bench of this Court.

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

The applicant has confined his prayer for grant of temporary

bail in the form of parole for the period of 90 days. The applicant is a

juvenile.

Under these circumstances, this Court is of the considered

opinion that he can be released on temporary bail in the form of

parole for a period of 90 days. Accordingly, on furnishing a bail bond

of Rs.1,00,000/- (Rupees One Lac only) (by the father of the

applicant) to the satisfaction of the Juvenile Justice Board, Bhind,

then the applicant be handed over to the custody of his father. The

father of the applicant shall also give an undertaking that he will take

care of the applicant and would ensure that the applicant shall not

come in contact of known criminals and shall not be exposed to any

moral, physical or psychological danger. The applicant shall

surrender before the Juvenile Justice Board, Bhind on 90th day from

the date of his release. However, the Juvenile Justice Board, Bhind is

also directed to verify as to whether the applicant was ever released

THE HIGH COURT OF MADHYA PRADESH CRR No. 1685/2021 Vidhi Ka Ullanghan Karne Wala Balak Vs. State of MP

on temporary parole or not. If it is found that the applicant was ever

released on temporary parole, then this order shall automatically lose

its effect and Juvenile Justice Board, Bhind shall not release him on

temporary bail in the form of parole.

With the aforesaid observation, the revision is finally disposed

of.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.08.18 18:03:43 +05'30'