Madhya Pradesh High Court
Juvenile vs The State Of Madhya Pradesh on 24 March, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3617 of 2021
(JUVENILE Vs THE STATE OF MADHYA PRADESH)
Dated : 24-03-2022
Mr.Amit Jain, learned counsel for the applicant.
Ms.Shikha Baghel, learned Panel Lawyer for the respondent/State.
This criminal revision has been filed by the juvenile against judgment dated
13.12.2021 passed in Criminal Appeal No.203/2021 whereby the order of Juvenile
Justice Board, Bhopal dated 04.12.2021 rejecting the application for grant of
custody of the juvenile has been affirmed.
As per prosecution case on 23.11.2011 the complainant lodged a report that
4-5 days ago he had given Id. of free fire game from his mobile to his friend Naim
for his brother in Rs.800/-. The brother of Naim had given the same to some one
else. At about 08.00 p.m. on 23.11.2021 when he was standing friend at Chaman
Park in Mayur Park Colony, the juvenile alongwith another child-Sharif came there
abused and assaulted the complainant through knife as a result of which he
sustained injuries in abdomen, hand, head and eyes. Thereafter, they ran from the
spot. Hence, offences under sections 294, 307, 506, 35 of IPC have been
registered against the juvenile vide Crime No.931/2021.
The father of juvenile filed an application under section 12 of Juvenile Justice
(Care & Protection of Children) Act, 2015 for giving him custody of juvenile on
'Suprudginama'. The Principal Magistrate, Juvenile Justice Board vide order dated
04.12.2021 dismissed the application.
The Juvenile thereafter preferred an appeal under section 101 of Juvenile
Justice (Care & Protection of Children) Act, 2015 challenging the order dated
04.12.2021. The 18th Additional Sessions Judge, Bhopal dismissed the appeal vide
order dated 13.12.2021.
Learned counsel for the applicant submitted that courts below have erred in
law in dismissing the application for grant custody of the juvenile. The juvenile has
no criminal record. There is no possibility that juvenile may come in association of
hardened criminals. The juvenile disclosed during counselling that complainant had
kept the knife which was snatched by him. Juvenile was not the aggressor and had
no intention to commit murder of complainant.
Vide order dated 07.1.2022 report with regard to nature, conduct and
background of juvenile was called from the Probationary Officer was requisitioned.
Today, learned Panel Lawyer has submitted that report of Probationary Officer has
been received and there is nothing against the juvenile indicating that after his
release he may come in association with known criminals or again he would expose
to moral, physical and psychological danger and if he is released then he would
defeat the ends of justice.
Keeping in view the above and the fact that the father of the juvenile would
look after the juvenile in conflict with law, this revision is allowed. Presently, the
juvenile is in Rehabilitation Centre/Child Care Home/Observation Home/'Bal
Sudhar Grih'.
Accordingly, it is directed that if the guardian of the present juvenile
furnishes a personal bond in the sum of Rs.30,000/- [Rupees Thirty Thousand
only] and a solvent surety of the like amount to the satisfaction of the Juvenile
Justice Board, Bhopal with an understanding that the guardian will take care of the
juvenile in conflict with law and also take care that he will not indulge in any kind of
criminal activity, the custody of the applicant be handed over to his guardian.
Accordingly, the revision is disposed of.
(SMT. ANJULI PALO)
JUDGE
RM
Signature Not Verified
SAN
Digitally signed by RAJESH MAMTANI
Date: 2022.03.25 19:40:06 IST
