Madhya Pradesh High Court
Kamal S/O Ratanlal Thru. Natural ... vs The State Of Madhya Pradesh on 13 January, 2022
Author: Subodh Abhyankar
1
CRR No.2850/2021
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Revision No.2850/2021
Indore, Dated 13.01.2022
Hearing through Video Conferencing.
Shri Siddharth Jain, learned counsel for petitioner Kamal s/o
Ratanlal.
Shri Sameer Verma, learned Panel Lawyer for the respondent /
State of Madhya Pradesh.
Heard on IA No.29779/2021, first application under Section
397 (1) of the Code of Criminal Procedure, 1973 for suspension of jail
sentence and grant of bail filed on behalf of the petitioner.
The present petitioner (juvenile Kamal s/o Ratanlal) along with
co-accused has been convicted for offence punishable under Section
377 of Indian Penal Code, 1860 read with Section 5 (g) and 5 (m) of
the Protection of Children from Sexual Offence Act, 2012 and was
sent to observation home for one year for reformative services, skill
development, behaviour modification therapy and psychiatric support
by judgment / order dated 26.09.2018 passed by Principal Magistrate,
Juvenile Justice Board, Ratlam District Ratlam (MP) in RCT
No.4074/2013. The aforesaid judgment / order has been affirmed by
learned 4th Additional Sessions Judge, Ratlam District Ratlam (MP) in
Criminal Appeal No.146/2018 and Criminal Appeal No.147/2018 vide
judgment dated 12.10.2021.
CRR No.2850/2021
Learned counsel for the petitioner has submitted that the
petitioner has already undergone three months in the Observation
Home out of total imprisonment of one year's sentence.
It is submitted that the learned Judge of the trial Court /
Juvenile Justice Board has noted that at the time of incident i.e. on
12.09.2013, the age of the petitioner was 10 years 3 months and 18
days. Thus, it is submitted that it cannot be said that the petitioner
has the knowledge of the offence in which it is alleged that he also
participated.
It is further submitted that the final disposal of the revision is
likely to take sufficiently long time.
Considering the fact that the sentence of one year for
reformative services, skill development, behaviour modification
therapy and psychiatric support is imposed on the petitioner, I am
inclined to allow the application for suspension of jail sentence and
release him / her on bail.
Accordingly, without expressing any opinion on merits, IA
No.29779/2021, first application for suspension of jail sentence filed
on behalf of petitioner is allowed and it is directed that the execution
of sentence awarded to the petitioner shall remain suspended, subject
to the depositing the fine amount, if any, and upon furnishing personal
bond in the sum of Rs.50,000/- (rupees fifty thousand) with one
local solvent surety in the like amount to the satisfaction of the trial
CRR No.2850/2021
Court/ Juvenile Justice Board, Ratlam for his appearance before trial
Court / Juvenile Justice Board, Ratlam on 22.07.2022 and on such
other dates as may be fixed by the concerned Court in this regard,
with a further condition.
In the meanwhile, let the record of the case from the concerned
trial Court as well as appellate Court be requisitioned, if not already
received.
Let the matter be listed on admission.
C. c. as per rules.
(Subodh Abhyankar)
Judge
rcp
RAMESH CHANDRA PITHWE
2022.01.17 15:42:17 +05'30'
