Vidhi Ka Ulanghan Karne Wala Balak ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 2271 MP

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         THE HIGH COURT OF MADHYA PRADESH
                      Cr.R.No.1339/2021
     (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

Gwalior, Dated:-11.6.2021
      Heard through Video Conferencing.

      Shri Ajit Singh Bhadoriya, learned counsel for the applicant.

      Shri B.S. Gaur, learned Panel Lawyer for the respondent/State.

Heard the learned counsel for the parties.

This criminal revision under Section 102 of the Juvenile Justice

(Care and Protection of Children) Act, 2015 against the order dated

21.5.2021 passed by the Third Additional Sessions Judge, Bhind

(M.P.) in Criminal Appeal No.37/2021, whereby the appeal filed by

the petitioner was dismissed and the order dated 15.2.2021 passed by

the Juvenile Justice Board, Bhind was affirmed.

It is submitted that the applicant is a juvenile aged about 17

years and as per the prosecution story, the allegation against the

petitioner and other co-accused persons are that they committed

maarpeet with the complainant and looted motorcyle and moblie

phone from him and one of the accused persons has assaulted the

complainant by the gunstock of country made pistol. It is submitted

that the Juvenile Justice Board as well as the appellate Court has

rejected the application of the petitioner. It is submitted that the

learned Juvenile Justice Board as well as the Appellate Court has not

taken into consideration the basic object of the Juvenile Justice Act

wherein it has categorically mentioned that the nature of offence

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

should not be gone into at the time of consideration of bail

applications because keeping the minor custody for longer time will

hamper his upbringing and there are reasonable chances that he may

be turned into a heinous offender. Learned counsel for the petitioner

submits that the petitioner has been on interim bail/supurdigi from

24.5.2021 to 24.6.2021 by the Court below. It is argued that in terms

of the condition of Section 12 of the Juvenile Justice Act, the revision

of the petitioner should be allowed.

Per contra, learned counsel appearing for the State has

supported the impugned judgment and stated that the petitioner has

committed henious crime and if the petitioner is release on supurdigi

then the possibility of his relationship with other major co-accused

certainly cannot be ruled out, due to which he is likely to indulge in

crime again, therefore he prays for rejection of the revision.

Heard the learned counsel for the parties and perused the

record.

Section 12 of the Juvenile Justice Act is required to be seen :

"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, is apprehended or detained by the police

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

orappears or brought 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

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

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."

In the present case, the main object of the Act is to treat the juvenile offender with utmost fair, caution and the gravity of offence should not be taken into consideration while considering his application for grant of bail. Even in cases of heinous offences the normally the bail should be extended to juvenile.

The Division Bench of Chattisgarh High Court had an occasion

to deal with the question of grant of bail to the Juvenile in the case of

Tejram Nagrachi juvenile vs. State of Chattisgarh M.Cr.C. No.

8523/2016 vide order dated 5.4.2019 has held as under:-

"12. It is thus significant to note that treatment of the child in a manner consistent with the promotion of the child's sense of dignity and worth coupled with reinforcing the child's respect for the human rights and fundamental freedoms of others as also the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in the society

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

are the stated objects and reasons for enacting the Act of 2015, which includes the special provision for grant of bail under Section 12 of the Act of 2015 which are apparently more beneficial to the child.

16. To sum up, we hold that grant of bail to a juvenile is required to be dealt with under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and not under Section 437 or 439 of the Code of Criminal Procedure."

Considering the overall fact and circumstances of the case and

the fact that the petitioner is a juvenile and is young boy of 17 years,

therefore, looking to his standard age and taking into consideration the

object of the act coupled with the judgment passed by the Division

Bench of Chattisgarh High Court and in the present scenario of

Covid- 19, this Court deems it appropriate to allow the revision.

Accordingly, the revision is allowed and custody of the

petitioner be handed over to the father of the petitioner who is further

directed to take proper care of his child.

Consequently, the order impugned dated 15.2.2021 passed by

the Juvenile Justice Board, Bhind on the bail application of the

delinquent juvenile in conflict with law and the impugned judgment

and order dated 21.5.2021 passed by the learned Third Additional

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

Sessions Judge, Bhind in Criminal Appeal No.37/2021 are hereby set

aside and the prayer made for grant of bail to the delinquent juvenile

through his father who is natural guardian is allowed.

Let the petitioner through his natural guardian/father be

released on bail at Crime No.277/2020 at Police Station Mehgaon,

District Bhind (M.P.) for the offences under section 394 of IPC,

sections 11, 13 of M.P.D.V.P.K. Act and section 25/27 of Arms Act,

on his father furnishing a personal bond of Rs.50,000/-(Rs. Fifty

Thousand) with one solvent surety in the like amount to the

satisfaction of the Juvenile Justice Board, District Bhind M.P. with an

undertaking that in case the delinquent juvenile is released on bail and

is given in his custody he will not create any situation which will

bring the delinquent juvenile into association with any known

criminal or expose to him moral, physical and psychological danger or

any situation when the delinquent juvenile may repeat the offence in

question and he will work for improvement of the delinquent juvenile.

This order will remain operative subject to compliance of the

following conditions by the petitioner :-

1. The petitioner will comply with all the terms and conditions of the

bond executed by him;

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

2. The petitioner will cooperate in the investigation/trial, as the case

may be;

3. The petitioner will not indulge himself in extending inducement,

threat or promise to any person acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the Court or to the

Police Officer, as the case may be;

4. The petitioner shall not commit an offence similar to the offence of

which he is accused;

5. The petitioner will not move in the vicinity of complainant party

and the applicant will not seek unnecessary adjournments during the

trial;

6. The petitioner will not leave India without previous permission of

the trial Court/Investigating Officer, as the case may be.

7. The petitioner will inform the concerned S.H.O. of concerned

Police Station about his residential address in the said area and it

would be the duty of the State Counsel to send copy of this order to

SHO of concerned police station as well as the concerning

Superintendent of Police who shall inform the concerned SHO

regarding the same.

Accordingly, the revision is allowed and disposed of.

THE HIGH COURT OF MADHYA PRADESH Cr.R.No.1339/2021 (Vidhi Ka Ulanghan Karne Wala Balak Vs. State of M.P. .)

In view of the COVID-19, jail authorities are directed that

before releasing the applicant, medical examination of petitioner shall

be undertaken by the jail doctor and on prima facie, if it is found that

he is having the symptoms of COVID-19, then consequential follow

up action including the isolation/quarantine or any test if required, be

ensured, otherwise petitioner shall be released immediately on bail

and shall be given a pass or permit for movement to reach his place of

residence.

E-copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge Pawar*

ASHISH PAWAR 2021.06.14 11:50:30 +05'30'