Madhya Pradesh High Court

Rohit Chouhan vs The State Of Madhya Pradesh on 6 December, 2022

Author: Sunita Yadav

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 6 th OF DECEMBER, 2022
                                           CRIMINAL REVISION No. 4555 of 2022

                           BETWEEN:-
                           ROHIT CHOUHAN S/O LATE SHRI VIRENDRA SINGH @
                           VEERU CHOUHAN, AGED ABOUT 17 YEARS THROUGH
                           MOTHER SMT. RAJKUMARI CHOUHAN W/O LATE
                           VEERU CHOUHAN, AGED ABOUT 50 YEARS,
                           OCCUPATION: HOUSE WIFE R/O MARDEN SCHOOL KE
                           SAMNE, JHANSI ROAD, SHIVPURI, DISTRICT SHIVPURI
                           (MADHYA PRADESH)

                                                                                       .....REVISIONIST
                           (BY SHRI MADAN MOHAN TRIPATHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION DEHAT, DISTRICT SHIVPURI (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI R.K. AWASTHI - PUBLIC PROSECUTOR)

                                 This revision coming on for admission this day, th e court passed the

                           following:
                                                             ORDER

Present first criminal revision has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the judgment dated 07.11.2022 passed by the Additional Sessions Judge, Shivpuri to the Court of Ist Additional Sessions Judge, Shivpuri in Criminal Appeal No.342/2022, whereby the order dated 02.11.2022 passed by the Juvenile Justice Board, Shivpuri rejecting the bail application moved on behalf of the revisionist in connection with Crime No. 246 of 2022 registered at Police Signature Not Verified Signed by: MONIKA SHARMA Signing time: 07-12-2022 10:26:50 AM

Station Dehat, District Shivpuri for the offence under Section 49-A of Excise Act has been affirmed.

As per prosecution story, the allegation against the present applicant is that he was found in possession of 2 liters of country made liquor, which was found to be unfit for human consumption.

Learned counsel for the revisionist argued that the revisionist is innocent and has been falsely implicated. The revisionist has no criminal antecedents and he is in custody since 11.09.2022. It is submitted that the revisionist is a juvenile, aged about 17 years and there is no dispute with respect to the age of the present revisionist. It is submitted that provision of bail to Juvenile is given

under Section 12 of the Juvenile Justice Act. It is apparently clear that looking to the age of the revisionist, as he is a juvenile, benefit of bail should be extended to him even in heinous offences. It is argued that the learned Juvenile Justice Board as well as the Appellate Court have rejected the bail of the present revisionist only on the fact that the report of the Probation Officer in respect to the Juvenile is not proper against the present revisionist. It is argued that the Juvenile Board as well as the Appellate Court have not considered the prime object of Section 12 of Juvenile Justice Act, 2015 which clearly stipulates that the juvenile should be extended the benefit of bail. It is further argued that after conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The revisionist is the permanent resident of Shivpuri. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the applicant.

On the other hand, learned counsel for the State opposed the revision

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 07-12-2022 10:26:50 AM

and prayed for its rejection.

Heard learned counsel for the parties and perused the available record. Section 12 of Juvenile Justice (Care and Protection of Children) 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, is apprehended or detained by the police or appears 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.

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 07-12-2022 10:26:50 AM

(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.'

From perusal of the aforesaid section, it is apparent that juvenile can be extended bail even in heinous offences. The object of framing the Juvenile Justice Act of 2015 is required to be seen.

Taking into consideration the overall facts and circumstances of the case coupled with the object of Juvenile Justice Act, this Court deems it appropriate to allow the revision. Accordingly, the revision is allowed and custody of the revisionist be handed over to the mother of the revisionist, who is directed to take proper care of her child.

Consequently, the order impugned dated 02.11.2022 passed by the Juvenile Justice Board, Shivpuri on the bail application of the delinquent juvenile in conflict with law and the impugned judgment and order dated 07.11.2022 passed by the Additional Sessions Judge, Shivpuri to the Court of Ist Additional Sessions Judge, Shivpuri in Criminal Appeal No.342 of 2022 are hereby set aside and the prayer for grant of bail to the delinquent juvenile through his mother who is natural guardian is allowed.

Let the revisionist through his natural guardian/mother be released on bail Signature Not Verified Signed by: MONIKA SHARMA Signing time: 07-12-2022 10:26:50 AM

on his mother furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of his relatives each in the like amount to the satisfaction of the Juvenile Justice Board, Shivpuri with an undertaking that in case the delinquent juvenile is released on bail and is given in custody of his mother, he will not create any situation which will bring the delinquent juvenile into association with any known criminal or expose him to moral, physical and psychological danger or any situation when the delinquent juvenile may repeat the offence in question and she will work for improvement of the delinquent juvenile.

Accordingly, the revision is allowed and disposed of. This order will remain operative subject to compliance of the following conditions by the revisionist :-

1. The revisionist will comply with all the terms and conditions of the bond executed by him;

2. The revisionist will cooperate in the investigation/trial, as the case may be;

3. The revisionist 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 revisionist shall not commit an offence similar to the offence of which he is accused.

5. The revisionist will not seek unnecessary adjournments during the trial; and

6. The revisionist will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. Signature Not Verified Signed by: MONIKA SHARMA Signing time: 07-12-2022 10:26:50 AM

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 07-12-2022 10:26:50 AM