Madhya Pradesh High Court
Childrens Conflict With Law No. 1 vs The State Of Madhya Pradesh on 18 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5598 of 2023
(CHILDRENS CONFLICT WITH LAW NO. 1 AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
Dated : 18-12-2023
Shri D.K.Singrore - Advocate for applicants.
Shri D.P.Patel - Dy.Government Advocate for respondent/State.
Heard on the question of admission.
Revision is admitted for final hearing.
Let record of the Courts below be requisitioned.
Also heard on I.A.No.28587/2023 which is first application for
suspension of custodial sentence and release the applicants No.2 and 3
(juvenile in conflict with law).
The applicants have been convicted vide judgment dated 06/11/2023 in
Criminal Appeal No.95/2022 by First Additional Session Judge Mandla arising
out of judgment dated 29/11/2022 passed by Principal Judge Juvnil Justice
Board, Mandla (M.P.) in RCT No.10/2016, whereby learned appellate Court
dismissed the appeal filed by the applicant and affirmed the judgment passed by
the Juvenile Court wherein t h e trial Court found the applicants guilty for
commission of offence punishable under Sections 450 & 376(2)(N) of IPC
and Section 3/4 of POCSO Act and sentenced them to undergo R.I. for one
year with fine of Rs.1200/- each with default stipulations.
Learned counsel for the applicants/juvenile in conflict with law has
submitted that the impugned order is bad in law as the court
below, without appreciating the evidence on record, has passed the impugned
order. He further submitted that the applicants are not habitual
offenders. The applicants are permanent resident of District Mandla, there
is no possibility of his absconsion. Applicants are ready to furnish adequate
surety and shall abide by all the terms and conditions which may be imposed by
the Court. It is also submitted that the appeal is likely to take time to be heard
finally. On these grounds, prayer is made to suspend the sentence of
the applicants and for releasing them on bail.
Counsel appearing for the State has opposed the prayer.
Considering overall facts and circumstances of the case but
without commenting on merits of the case, I.A.No.28587/2023 is
allowed. It is directed that applicants No.2 and 3/juvenile in conflict with law be
released from custody and execution of sentence imposed upon the applicants
No.2 and 3/juvenile in conflict with law shall remain suspended during pendency
of this appeal, subject to depositing entire fine amount, if not already deposited
and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand) each with one solvent surety in the like amount to the
satisfaction of the trial Court for their appearance before the trial Court
on 12.02.2024 and on all subsequent dates as may be fixed by the trial Court
in that regard.
Let the record of the trial Court be requisitioned.
Listed for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
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