Chield In Conflict With Law ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 131 MP

                                 1

  IN THE HIGH COURT OF MADHYA PRADESH

                        AT J A B A L P U R
                             BEFORE
         HON'BLE SHRI JUSTICE ANAND PATHAK

                ON THE 3rd OF JANUARY, 2023




            CRIMINAL REVISION No. 3591 of 2022

BETWEEN:-
CHILD IN CONFLICT WITH LAW
(JUVENILE) S/O RAJ KUMAR KAHAR,
AGED ABOUT 17 YEARS, OCCUPATION:
LABOUR THROUGH NATURAL GUARDIAN
HIS MOTHER AMRAUTI W/O RAJ KUMAR
KAHAR AGED 50 YEARS R/O BALIYARI
ROAD,    WAIDHAN,     P.S. WAIDHAN,
DISTRICT SINGRAULI ( M.P.)

                                               .....PETITIONER
(BY SHRI PAVAN KUMAR SAXENA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH P.S. WAIDHAN DISTRICT
SINGRAULI (M.P.) (MADHYA PRADESH)
                                              .....RESPONDENT

(BY SHRI AKSHAY NAMDEO - GOVT. ADVOCATE)

This revision coming on for admission this day, the court

passed the following:

This is criminal revision under Section 102 of Juvenile Justice

(Care & Protection of Children) Act, 2015 (for short "Act of 2015") filed

on behalf of child in conflict with law through his legal guardian (mother)

Amrauti against the order dated 04.05.2022 passed by the Sessions Judge,

Singrauli, District Singrauli in Criminal Appeal No. 19/2022; whereby,

appeal preferred by petitioner under Section 101 (2) of the Act of 2015

has been dismissed and order passed by Juvenile Justice Board dated

29.03.2022 rejecting the application of the petitioner under Section 12 of

the Act of 2015 has been affirmed. By the order of the Juvenile Board

dated 29.03.2022, the application of the petitioner under Section 12 of the

Act of 2015 for release of the petitioner on bail bond was rejected.

At the outset, learned counsel for the respondent/ State placed

Social Investigation Report (hereinafter referred to as "S.I.R.") submitted

by Legal cum Probation Officer, District Child Protection Unit, District

Singrauli to submit about his conduct. The same is taken on record.

It is submitted by the learned counsel for the petitioner that child in

conflict with law (juvenile) has been falsely implicated. He is suffering

confinement since 24.03.2022 and charge-sheet has already been filed

before the competent court of law and chances of absconsion is remote.

Looking to the tender age of the petitioner (juvenile), a chance be given

to reform himself and to make course correction to mend his ways and to

become a better citizen. Petitioner does not bear any criminal record.

According to report of Probation Officer, his conduct in the remand home

is satisfactory and he undertakes to perform community service in view

of Section 18(1) (c) of the Act of 2015 as well as in the light of the

judgment of this Court in the case of Sunita Gandharva Vs. State of

M.P. reported in 2020 (3) MPLJ(Cri.) 247. Confinement may dampen

his spirit and would take away a chance of petitioner to reform himself.

He undertakes to cooperate in trial and would involve himself in creative

pursuits and sports and educational activities and would not involve in

any criminal activities in future and would not be source of

embarrassment and harassment to the complainant party in any manner.

His company would be good and people of law abiding traits. Thus,

prayed for grant of bail.

Learned counsel for the respondent/ State opposed the prayer and

prayed for rejection of this revision petition in the form of bail

application.

Heard the learned counsel for the parties and perused the case

diary.

Perusal of the S.I.R. indicates that child in conflict with law

(juvenile) was not aware about the consequences of crime, which he had

committed. Even otherwise, he has already suffered sufficient period of

incarceration since 24.03.2022 and chance can be given for course

correction, therefore, this Court is inclined to give bail to the applicant.

As per Section 18(1)(c) of the Juvenile Justice (Care and Protection of

Children) Act, 2015, the applicant is directed to indulge in creative

pursuits and try to involve in sports or other creative activities so that he

may be able to make his way away from crime.

Looking to the fact situation of the case, period of custody and

SIR,without commenting on the merits of the case, petition is allowed

and it is directed that on furnishing personal bond of Rs.25,000/- (Rs.

Twenty Five Thousand Only) with one solvent surety of the like amount

by father/natural guardian of the petitioner, custody of petitioner be

handed over to him/ her with the clear stipulation to produce the

petitioner before the Investigating Officer/trial Court as and when

required. It is further directed that parents of petitioner shall take

responsibility of his conduct and would submit report of conduct of

petitioner every month to the Probation Officer, Office of District

Child Protection Officer, District Singrauli and petitioner shall not

move in the vicinity of complainant and would not intimidate or

threat them in any manner, else the benefit of bail granted by this

Court shall be withdrawn immediately. Parents of petitioner shall

ensure that the child in conflict with law would indulge himself in

creative, sports and educational activities and try to pursue some

creative learning so that he may learn the skill to sustain himself.

In the light of the judgment of Sunita Gandharva (supra),

petitioner is directed to perform community service in his vicinity so that

he can involve in reformatory measures with the expectation that he shall

not involve in criminal activities in future and would not move with the

criminal elements and involve himself in creative pursuits like sports and

educational activities etc.

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It is expected from the petitioner that he shall submit photographs

by downloading the mobile application (NISARG App) prepared at

the instance of High Court for monitoring the plantation through

satellite/Geo- Tagging.

Petition is accordingly disposed of.

Copy of this order be sent to the trial Court concerned for

information and necessary compliance.

Certified copy as per rules.

(ANAND PATHAK)

JUDGE

VIKRAM Digitally signed by VIKRAM SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=5e3bf9b63759d9c0513833048a47283c 8f66732878c5d090341a0b75ce6d1e91,

SINGH pseudonym=0AEDD33AA7448729F1E72B903F7 8F04027BCFA24, serialNumber=FDD89E77C40EC11A8EC3AAADE F0E2E7DAFEC93C010D5EFB1CD4A15D8A67414 7A, cn=VIKRAM SINGH Date: 2023.01.05 10:31:18 +05'30'

Vikram