Madhya Pradesh High Court
Ankit @ Bhupendra Through ... vs The State Of Madhya Pradesh on 23 August, 2023
Author: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 23 rd OF AUGUST, 2023
CRIMINAL REVISION No. 309 of 2023
BETWEEN:-
ANKIT @ BHUPENDRA THROUGH GUARDIAN/FATHER
BALWANT SINGH S/O DHANSINGH, AGED ABOUT 40
Y E A R S , OCCUPATION: AGRICULTURE VILLAGE
BOTALGANJ, DISTT. MANDSAUR (MADHYA PRADESH)
.....PETITIONER
(SHRI SHADAB KHAN, LEARNED COUNSEL FOR THE PETITIONER
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BARKHEDA
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJESH JOSHI APPEARING ON BEHALF OF ADVOCATE GENERAL
& SHRI SATANAND CHOUBAY, LEARNED COUNSEL FOR THE
RESPONDENT [COMP].
This revision coming on for hearing this day, after hearing the parties,
the court passed the following:
ORDER
The revision petition under Section 102 of the Juvenile Justice (Care &
Protection of Children) Act, 2015 (for brevity 'the Act of 2015') has been
directed against judgment dated 12.01.2023 passed in Cr.A. No.152/2022, by
4th Additional Sessions Judge, District Ratlam, wherein the judgment dated
08.09.2022, passed by Principal Magistrate, Juvenile Justice Board, District
Ratlam in RCT No.195/2022 has been set aside and the juvenile was directed to
be taken into custody.
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 8/25/2023
6:08:42 PM
2. Earlier, the learned Juvenile Board, vide its order dated 08.09.2022 has
allowed the application filed by the applicant under Section 12 of 'The Act of
2015', seeking his release on bail in crime No.73/2022 registered at Police
Station Barkheda, District Ratlam for offence punishable under Sections 394,
397,398, 302, 341 and 427 of IPC, but the appeal was filed on behalf of the
complainant/objector which was allowed vide order dated 12.01.2023, hence,
the present petition before this Court.
3. Brief facts of the case are that the complainant Mahendra @ Pappu has
lodged a Dehati Nalishi by submitting that on at about 11PM, 21.05.2022 the
complainant alongwith his friends Praveen Singh, Vijay, and Shakti, were left the
office for collection because the complainant is the manager of a licensed liquor
firm of contractors Lokendra Singh, Vijay Singh Chandel and Dharmaveer
Singh. They collected Rs.24745/- from a liquor shop and coming back at
Barkeda Kala and when they reached at Bamankhedi Road at about 1:15AM,
two four wheeler came in front of their vehicle, Lokendra, Sumer, Krishnapal,
Ankit Singh, Manaykraj, Mangusingh, Dhruvaprasad and three others came out
of the vehicles, they were armed with swords and iron rods, Lokendra
demanded the amount of collector, when they denied, the applicants assaulted
on them, the complainant tried to escape and seen that Shakti Singh was brutally
assaulted by the applicant and other co-accused persons. They had taken the
injured at hospital where he was declared died. Hence, the police has registered
case against the petitioner and other co-accused persons. During investigation,
it was found that the applicant was below the age of 18 years, therefore, he was
produced before the Juvenile Justice Board, Ratlam. After completion of
investigation, charge-sheet was filed against the applicant before the Juvenile
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Justice Board, Ratlam.
Signed by: AMIT KUMAR
Signing time: 8/25/2023
6:08:42 PM
04. In the present case, the applicant was arrested. He submitted an
application for bail before the Juvenile Justice Board, which was allowed. Being
aggrieved, complainant preferred an appeal under Section 101 of 'The Act of
2015' before Sessions Court, which was also allowed vide the impugned order
and hence this revision petition has been filed before this Court by the
petitioner.
5.Learned counsel for the applicant has submitted that the appellate Court
has committed illegality in allowing the appeal filed by the complainant. It is
further submitted that earlier, the report of the Probation Officer was considered
by the learned trial Court and the learned trial Court after considering each and
every circumstances of the case was pleased to allow the application of the
petitioner, but the learned appellate Court has wrongly set aside the order
without considering the report of probation officer. It is further submitted that
the learned appellate Court has wrongly observed that the petitioner is indulged
in the business of liquor while the same is owned by his relatives. It is further
submitted that as per the fresh report of probation officer, there is clear cut
finding of probation officer that the conduct of the petitioner is in accordance
with law. It is further submitted that there is no likelihood that applicant would
come into contact of any known criminal or his release would expose him to
moral, physical or psychological danger or otherwise defeat the ends of justice.
6. On the other hand learned Public Prosecutor as well as counsel for the
objector have opposed the prayer contending that there is clear allegations of
commission of murder with the co-accused. Therefore the learned appellate
Court has not committed any illegality in setting aside the order of trial Court
and sending the petitioner in Child Reformation Center considering the nature of
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Signed by: AMIT KUMAR
Signing time: 8/25/2023
6:08:42 PM
crime committed by him. The impugned order passed by the learned appellate
Court cannot be termed as illegal or against the material available on record.
Under these circumstances, they prayed for rejection of this revision petition.
7. Considering the contentions raised by both the parties and also
perused the order and documents filed by the parties.
8. Provisions contained under Section 12 of 'the Act' lays down that if a
juvenile is arrested or detained or appears or brought before the Board, such
persons shall not be released if there appears reasonable grounds for believing
that the release is likely to bring him into association with any known criminal or
expose him to moral physical or psychological danger, or that this release
would defeat the ends of justice, for whatsoever offence he is charged, shall be
released on bail except in the above circumstances. Of course, bail application
of juvenile can be refused for the above grounds or any one of the grounds
existed. Thus the explanation would be that he shall not be so released, if there
appears reasonable ground for believing that the release is likely to bring home
into association with any known criminal or expose him to moral, physical or
psychological danger, or that would defeat the ends of justice.
9. From the perusal of the record, it appears that the application for bail
of the petitioner has been allowed by the Juvenile Justice Board and on appeal,
dismissed by the learned Additional Sessions Judge on the ground that there
exist reasonable grounds under the section for believing that the release of the
juvenile would defeat the ends of justice. However, it can be lost sight of the
fact that such provision is indicative of the intend of the legislature that a child
conflicted with law should not be kept in custody normally except under the
circumstances narrated under the section 18 of 'the Act'. The report filed by the
Probation Officer also suggested that his tendency is not to indulge in crime and
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Signed by: AMIT KUMAR
Signing time: 8/25/2023
6:08:42 PM
his release would not defeat the ends of justice and there are chances to become
a responsible citizen. The words ends of justice should be confined to both
facts, which shows that the grant of bail does not likely result in injustice. Under
these circumstances, refusal of bail would be against the intention of 'The Act
of 2015'. Therefore, taking into consideration of all the aforesaid facts coupled
with the facts narrated in the report of Probation Officer forwarded by the
Principal Judge, Juvenile Board, in the opinion of this Court, ends of justice
would be served if the juvenile be released on bail and sent to custody of his
guardian.
10. Accordingly, the present revision petition is allowed and judgment
dated 12.01.2023 passed in Cr.A. No.152/2022, by 4th Additional Sessions
Judge, District Ratlam is hereby set aside and it is directed that the
juvenile/applicant shall be released on bail and handed over to the custody of
his father on furnishing a personal bond of Rs.75,000/- (Rupees Seventy five
thousand only) with one solvent surety in the like amount to the satisfaction of
the Juvenile Justice Board, Ratlam subject to the condition that the father of the
juvenile shall keep watch over him during the period of his release and keep him
present on each and every dates of appearance before the Juvenile Justice
Board and shall not allow the applicant to come into association with any
known/unknown criminals and further ensure that his release shall not defeat the
ends of justice in any manner.
11 . I t is further directed that Probation Officer shall periodically keep
vigilance over the child conflicted with law and observe his activities and in the
event of any diversity noticed by him, he shall inform the Juvenile Justice Board
and the Board, after proper enquiry, if found the activities of the conflicted
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Signed by: AMIT KUMAR
Signing time: 8/25/2023
6:08:42 PM
child adverse to law, may send the conflicted child to Child Reformation Center
and in such condition, this order regarding granting of child custody shall stand
automatically cancelled without further reference to this Court.
12. Resultantly, this revision petition stands allowed and disposed of in
the manner indicated herein-above, thereby setting aside the impugned orders.
Certified copy as per Rules.
(PREM NARAYAN SINGH)
JUDGE
amit
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 8/25/2023
6:08:42 PM
