Mangesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 19195 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5959 of 2022 (MANGESH Vs THE STATE OF MADHYA PRADESH)

Dated : 20-11-2023 Shri Prakash Upadhyay - Advocate for the appellant.

Shri S.Riyaz - Panel Lawyer for the State.

Considered I.A.No.8108/2023, which is second application for suspension of sentence and grant of bail on behalf of appellant- Mangesh. First application being I.A.No.20370/2022 has been dismissed vide order dated

07.2.2023 on merits.

By the impugned judgment dated 23.6.2022 passed by Sessions Judge, Harda in S.T.No.38/2018 the appellant/applicant has been convicted for offence under section 304-II r/w 34 of Indian Penal Code and sentenced to undergo R.I. for 10 years & fine of Rs.10,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant was juvenile at the time of occurrence of incident but he has been tried without following the due procedure. The judgment has been passed without any psychological assessment, which is bad in law. At the time of final judgment it is mandatory

requirement under the Juvenile Justice Act that appellant is logged in normal prison which is not proper as per mandate of law. It is further submitted that appellant has always cooperated with the investigation during trial of the case. The appellant is having very good case and there is likelihood appeal will be finally allowed. The appellant has no criminal record. There is no likelihood that criminal appeal may be taken up for final hearing in near future. The arrest of appellant has caused serious trouble in his family. It is further submitted that according to section 15 of the Juvenile Justice (Care and Protection of Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 22-11-2023 13:38:30

Children) Act, 2015 the preliminary assessment by the Juvenile Justice Board has not been followed. The Board has not taken assistance of the experts of psychology or psycho-social worker. He has cited the decision in the case of Barun Chandra Thakur Vs. Master Bholu and another, 2022 SCC Online SC 870, in which, Apex Court has held that the expression "may" in the proviso to Section 15(1) thereof and the requirement of taking assistance of experienced psycholgists or psycho-social workers or other experts would operate as mandatory unless the Board itself comprises of at least one member who is a practicing professional with a degree in child psychology or child psychiatry. He further submitted that trial Court has not followed the procedure

under section 19 of the aforesaid Act.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence.

On perusal of the record it is found that the Juvenile Board has not taken any assistance with expert of psychology or psycho-social worker and the trial Court has not following the provision enshrined under section 19 of the aforesaid Act. The appellant is in jail since 01.5.2017 till 13.9.2017 and from the date of judgment i.e. 23.6.2022 till date.

Considering the facts and circumstances of the case, considering the above provisions of the aforesaid Act, and that final disposal of this appeal would take considerable time, without commenting on merits of the case, this Court finds that this is fit case for grant of suspension of sentence and grant of bail to appellant-Mangesh.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees

Signature Not Verified Fifty Thousand only) with one surety in the like amount to the satisfaction of Signed by: RAJESH MAMTANI Signing time: 22-11-2023 13:38:30

the trial Court concerned, the custodial sentence of appellant-Mangesh shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 22.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

I.A.No.8108/2023 is disposed of.

List this matter for final hearing in due course. C.C. as per rules.

(HIRDESH) JUDGE

RM

Signature Not Verified Signed by: RAJESH MAMTANI Signing time: 22-11-2023 13:38:30