Child In Conflict With Law vs The State Of Madhya Pradesh
2023 Latest Caselaw 16358 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                               Criminal Appeal No.11863 of 2023
                                (JUVENILE IN CONFLICT WITH LAW VS. STATE OF MADHYA PRADESH & ANOTHER)

                           Dated : 05.10.2023.
                                  Shri Jafar Khan, counsel for the appellant/applicant.
                                  Shri C.M.Tiwari, Public Prosecutor for the State.
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Heard on admission.

Admit.

Also heard on I.A.No.22296/2023 which is first application under Section 389 (1) CrPC for suspension of custodial sentence and release the applicant/juvenile in conflict with law from cky lq/kkj x`g/place of safety.

2. Applicant/juvenile in conflict with law has been convicted under Section 450 & 376(3) of IPC and Section 3( d)/4(2) & 3(2)(va) of SC/ST Act read with Section 506(part-II) IPC & Section 3(2)(v) of SC/ST Act and sentenced for strict disciplined control for a period of six months in Bal Sudhar Garh/Sampreshan Grah/Place of Safety vide impugned judgment dated 06.09.2023 passed in SC ATR-40/2021 by Special Judge (POCSO Act), District Damoh Madhya Pradesh.

3. Learned counsel for the applicant/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 applicant is not a

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/7/2023 11:39:57 AM

habitual offender. The applicant is permanent resident of District Damoh, there is no possibility of his absconsion. Applicant is 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 applicant and for releasing him from cky lq/kkj x`g/place of safety.

4. Counsel appearing for the State has opposed the prayer.

5. Considering overall facts and circumstances of the case but without commenting on merits of the case, I.A.No.22296/2023 is allowed. It is directed that applicant/juvenile in conflict with law be released from cky lq/kkj x`g/place of safety and execution of sentence imposed upon the appellant/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) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 21.11.2023 and on all subsequent dates as may be fixed by the trial Court in that regard.

6. Let the record of the trial Court be requisitioned.

7. Listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/7/2023 11:39:57 AM