Madhya Pradesh High Court
Surbai Bhuriya vs The State Of Madhya Pradesh on 3 November, 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 3 rd OF NOVEMBER, 2023
CRIMINAL REVISION No. 4892 of 2023
BETWEEN:-
1. SURBAI BHURIYA W/O BHAGAT BHURIYA, AGED
ABOUT 40 YEARS, OCCUPATION: LABOURER
MORJHALA FALIYA, GRAM BORI, DISTRICT
ALIRAJPUR (MADHYA PRADESH)
2. SHANKAR S/O SATIYA, AGED ABOUT 40 YEARS,
OCCUPATION: LABOURER GRAM BORI DISTRICT
ALIRAJPUR (MADHYA PRADESH)
.....PETITIONER
(SHRI ASHISH GUPTA, LEARNED COUNSEL FOR THE PETITIONER
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BORI DISTRICT
ALIRAJPUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJESH JOSHI APPEARING ON BEHALF OF ADVOCATE
GENERAL.
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 07.10.2023 passed in Cr.A. No.33/2023, by
Sessions Judge, Alirajpur whereby the learned Court has affirmed the order
dated 25.09.2023 passed by Principal Magistrate Juvenile Justice Board,
Alirajpur rejecting the application for custody of the child in conflict.
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 11/4/2023
4:55:02 PM
2. As per the prosecution story, on 04.09.2023, the complainant Jankibai
lodged a report before the police station stating that she resided with her brother
and his sons. His son Ajay used to mark the appearance in the Court on the
date of incident and after having food, Ajay was out of the house then the
juveniles and co-accused Roshan, came there an taken Ajay on a motorcycle
forcibly. They lodged a missing report and on 05.09.2023, dead body of the
deceased was recovered, merg intimation was registered and during
investigation, the case was registered against the juvenile and co-accused
persons under Section 302, 201, 120-B of IPC.
3. It is submitted by counsel for the petitioner that the application before
the Juvenile Justice Board was preferred, but the same was dismissed and later
on, the appeal preferred by the guardian of the minors, was also dismissed by
the impugned order by ignoring the act and conduct of the minor by the learned
appellate Court. It is further submitted that there is no threat to the life of the
juveniles and there is no chances that the juveniles will affect by the society of
miscreants/bad persons.
4. It is also submitted that the guardians of the minors undertake and
assured the Court that they will take care of the juvenile in accordance with law.
It is further submitted that as per the report of Probation Officer, the conduct of
the juveniles is in accordance with law. It is further submitted that there is no
likelihood that minors would come into contact of any known criminal or their
release would expose them to moral, physical or psychological danger or
otherwise defeat the ends of justice.
5. On the other hand learned Public Prosecutor has opposed the prayer
contending that there is clear allegations of commission of offence with the co-
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Signed by: AMIT KUMAR
Signing time: 11/4/2023
4:55:02 PM
accused. Therefore the learned appellate Court has not committed any illegality
and in keeping the juveniles in Child Reformation Center considering the nature
of 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.
6. Considering the contentions raised by both the parties and also
perused the order and documents filed by the parties.
7. 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.
8 . From the perusal of the record, the act of the juveniles is not clear
now and the juveniles have participated in the offence or not, it shall only be
decided by proper trial only. The appeal was dismissed by the learned
appellate Court on the ground that there exist reasonable grounds under the
section for believing that the release of the juveniles would defeat the ends of
justice. However, it cannot be lost sight of the fact that s uc h provision is
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Signed by: AMIT KUMAR
Signing time: 11/4/2023
4:55:02 PM
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 12 of 'the Act'. 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 of case, in the opinion of this Court, ends of justice
would be served if the juvenile be released on bail and sent to custody of their
guardian.
9. Accordingly, the present revision petition is allowed and judgment
dated 07.10.2023 passed in Cr.A. No.33/2023, by Sessions Judge, Alirajpur is
hereby set aside and it is directed that the juveniles shall be released on bail and
handed over to the custody of their respective guardians on furnishing a
personal bond o f Rs.75,000/- (Rupees Seventy five thousand only) each
with one solvent surety in the like amount to the satisfaction of the Juvenile
Justice Board, Alirajpur subject to the condition that the Guardians of the
juveniles shall keep watch over them during the period of their release and keep
them 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.
1 0 . I t is further directed that Probation Officer shall periodically keep
vigilance over the child conflicted with law and observe their 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: 11/4/2023
4:55:02 PM
child adverse to law, may send the juvenile 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.
11. 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: 11/4/2023
4:55:02 PM
