Joney @ Girdhari vs The State Of Madhya Pradesh
2021 Latest Caselaw 664 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR

                    Cr.R. No. 146/2021
    ( Johny @ Girdhari Vs. The State of Madhya Pradesh )
                                 (1)



Gwalior, dated : 12/03/2021

      Shri Lalan Mishra, learned counsel for the applicant.

      Shri Neeraj Dhamniya, learned Panel Lawyer for the

respondent-State.

Case diary perused and heard counsel for the parties.

This third 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. Earlier Criminal Revision preferred by the applicant

was dismissed as withdrawn vide order dt.07.09.2020 passed in

Cr.R.No.1887/2020 and second criminal revision was dismissed on

merit vide order dated 17/12/2020 in Criminal Revision No.

2111/2020.

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

offence punishable under Sections 307, 323, 34 of IPC, added HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.R. No. 146/2021 ( Johny @ Girdhari Vs. The State of Madhya Pradesh )

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-accused

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 since HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

Cr.R. No. 146/2021 ( Johny @ Girdhari Vs. The State of Madhya Pradesh )

19/06/2020. 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 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.

The prayer of the applicant has already been considered and

rejected on merits vide order dated 17/12/2020 (Supra). Learned

counsel for the applicant has not been able to point out any material

change in the circumstances of the case so as to take a different view

of the matter at this stage.

The application, accordingly, stands dismissed.

Certified copy as per rules.

(S.A.Dharmadhikari) Judge

Prachi*

PRACHI MISHRA 2021.03.15 16:51:20 +05'30'