Madhya Pradesh High Court
Girdhar Minor Thru.Legal ... vs The State Of Madhya Pradesh on 17 March, 2021
Author: Vivek Rusia
-1- CRR NO.509/2021
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
CRR NO.509/2021
Girdhar s/o Mangat vs. State of M.P
17.03.2021: (INDORE):
Shri Pramod Kumar Mitha, learned counsel for the
applicant.
Smt.Vinita Phaye, learned Govt. Advocate for the
respondent/State.
Heard.
The applicant who is a child in conflict with the law
has filed the present petition under section 102 of the
Juvenile Justice (Care & Protection of Children) Act, 2015
against the order dated 27.11.2020 passed by the Juvenile
Justice Board and also against the order dated 4.1.21 passed
by the Additional Sessions Judge, Khargone whereby he has
been denied the benefit of bail.
The facts of the case in short are as under:
As per the prosecution story on 19.09.2020 deceased
Pannalal s/o Kashiram was working in his field. The present
applicant came there for grazing goats. On a petty issue, the
applicant is alleged to have given a stick blow on the back of
the deceased Pannalal. He fell and became unconscious.
His relatives took him to the Govt. hospital, Kasrawad where
he was declared dead. On the basis of the investigation and
Marg a criminal case (Crime No.451/2020) for the offence
under section 302 IPC was registered against the present
applicant. His statement under section 27 of the Evidence
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Act was recorded. The stick was also recovered on his
disclosure. The charge sheet has been filed.
For taking the custody of the child an application for
release on bail was filed before the Juvenile Justice Board
which has been rejected vide order dated 27.11.2020. Being
aggrieved by the order dated 27.11.2020 a revision was filed
before the Sessions Court and vide order dated 04.01.2021
the Sessions Court has rejected the application, hence the
present revision before this Court.
Learned counsel for the applicant submits that the
dispute arose on a petty issue. The applicant has no criminal
past. At the most, an offence under section 304 Part-II is
made out against the applicant. The Juvenile Justice Board as
well as the revisional Court has mechanically dismissed the
application for release of the applicant on bail. After the
release of the applicant, he will not come in contact with any
hard criminals. He is a young boy of a village who used to
earn his livelihood by grazing goats, therefore, the
application may kindly be allowed. In support of his
contention learned counsel has placed reliance over the
judgment passed by this Court in the case of Karan vs. State
of M.P- CRR No.5159/2018 decided on 14.01.2019 in
which it has been held that the bail application of a child in
conflict with the law cannot be rejected merely on the
ground of seriousness of the crime. The only exception to
grant of bail to a child in conflict with the law is the
reasonable ground for believing that release would bring him
into association with any known criminal or expose him to
-3- CRR NO.509/2021
moral, physical or psychological danger or his release would
defeat the ends of justice.
Learned counsel for the State opposes the application
by submitting that at this very tender age the applicant has
committed an offence of 302 IPC. The offence is heinous in
nature, therefore, it is not proper to release him on bail and
there is no reason to believe that after releasing on bail he
will not be exposed to moral, physical or psychological
danger.
It is correct that as per section 12 of the Juvenile
Justice (Care & Protection of Children) Act a child in
conflict with the law is entitled to bail with or without surety
but if there appears reasonable ground for believing that
release on bail is likely to bring him into association with
any known criminal or expose him to moral, physical or
psychological danger or that his release would defeat the
ends of justice, the bail can be denied to him. The parents of
the applicant are poor agriculturists. The applicant used to
graze goats in the village. There is no evidence that he was
in association with any known criminal before the
commission of the alleged crime and after his release on bail,
he would again associate with them. The family background
of the applicant is also not a criminal background, therefore,
merely saying that his release would likely bring him in
association with any known criminal or his release would
defeat the ends of justice would be improper.
As a result, revision is allowed. The impugned order
passed by the Sessions Judge is set aside and the bail
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application filed before the Juvenile Justice Board is
allowed. It is directed that the applicant shall be released on
bail in connection with Crime No.451/2020 on furnishing
bail bond of Rs.20,000/- with one surety in the like amount
to the satisfaction of the concerned Board for the appearance
of the applicant before the said Board on each date of
hearing till the disposal of the trial. The bail bond shall be
furnished by the father/guardian of the applicant, as the case
may be.
C.c as per rules.
(VIVEK RUSIA)
JUDGE
Digitally signed by HARI KUMAR
C G NAIR
Date: 2021.03.22 18:15:21 +05'30'
hk/
