Madhya Pradesh High Court
Ramswaroop Singh Gurjar vs The State Of Madhya Pradesh on 8 December, 2022
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8513 of 2022
(RAMSWAROOP SINGH GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-12-2022
Shri Sanjay Gupta, learned counsel for the appellants.
Shri Anil Shukla, Public Prosecutor for the respondent-State.
Ms. Ayushi Viyas, learned counsel for the Respondent [COMP].
I.A. No. 19094/2022, an application for urgent hearing of the application
for interim bail filed on behalf of the appellant No. 5 is taken up, considered and
allowed for the reasons mentioned therein.
This criminal appeal has been filed by the appellants under section 374 of
Cr.P.C against the judgment dated 17/09/2022 passed by learned Special Judge
(MPDVPK) Act, District Morena in Special Case No. 36/2010, whereby, the
appellants have been convicted for the offence punishable under section
307/149, 325/149 (two counts) & 148 of IPC and sentenced them to undergo
maximum rigorous imprisonment of Five years each with maximum fine of Rs.
3,000/- each with default stipulation.
Also heard on I.A.No. 19095/2022, an application for releasing the
appellant No. 5/Krishna Singh Gurjar, S/o Shri Satyaveer Gurjar on interim bail
and also heard on I.A. No. 18658/2022, an application under section 7 (A) of
Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity, 'Act
of 2000") for proper directions to call the report regarding the age of the
appellant on the date of incident after holding requisite enquiry in this regard
by the Juvenile Justice Board, Gwalior.
Signature Not VerifiedThe application is supported by affidavit of sister of the appellant No. 5
Signed by: SANJAY
NAMDEORAO DURGEKAR
and it is annexed with the marksheets of Board of Secondary Education as well
Signing time: 09-12-2022
10:20:46 AM
as Board of Primary Education. According to which, the date of birth of the
appellant No. 5 is 01/09/1989.
In view of the provisions of section 7(A) of Act of 2000, this Court
deems it fit to call the report regarding age of the appellant No. 5 on the date of
alleged incident i.e. 04/09/2006.
Office is directed to send copy of the aforesaid interlocutory application
along with annexed papers i.e. mark sheets of the appellant No. 5 to the Juvenile
Justice Board, Gwalior, who shall conduct enquiry within the stipulated period
and submit its report before this Court thereafter.
Learned counsel for the appellant No. 5 submits that since I.A. No.
18658/2022 has been filed for carrying out enquiry in regard to juvenility of
the appellant No. 5, therefore, at this stage, he is not pressing his prayer for
grant of bail to the appellant No. 5 on the ground of illness.
In view of above, I.A. No. 18658/2022 is allowed and for the purpose of
enquiry in respect to the juvenility of the appellant No. 5 at the time of incident,
this Court finds it appropriate to grant him interim bail until the enquiry is
concluded.
Consequently, it is hereby directed that the appellant No. 5 shall be
released on interim bail on his furnishing a personal bond of Rs.50,000/-
(Rupees Fifty Thousand only) with two solvent sureties of the like amount to
the satisfaction of the concerned trial Court.
It is further directed that the appellant No. 5 shall appear before the
Juvenile Justice Board within a period of seven working days from the date of
his release on interim bail from the District Jail, Morena alongwith certified copy
Signature Not Verified
of this order as well as the relevant documents in relation to his age. The Board
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 09-12-2022
10:20:46 AM
is hereby directed to complete the inquiry as per Rules within the stipulated
period of time of four months from the date of receiving the copy of this order.
The interim bail granted by this Court shall automatically cancelled, in
case, the appellant No. 5 is not found to be juvenile on the date of commission
of offence. In that case, the appellant No. 5 shall surrender immediately before
the concerned Court which shall take him under custody and send him to jail.
If the appellant No. 5 is found to be juvenile, he will be at liberty to file
appropriate application before the concerned Court/Authority.
The appellant No. 5 shall co-operate with the Juvenile Justice Board and
shall abide by all the terms and conditions as may be imposed by the Board.
E- copy of this order be sent to the Court concerned for compliance, if
possible, by the office of this Court.
List this matter in the 1st week of February, 2023.
Certified copy as per rules
(SUNITA YADAV)
JUDGE
Durgekar
Signature Not Verified
Signed by: SANJAY
NAMDEORAO DURGEKAR
Signing time: 09-12-2022
10:20:46 AM
