Madhya Pradesh High Court
Vidhi Ka Ullanghan Karne Wala Balak S/O ... vs The State Of Madhya Pradesh on 1 May, 2024
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 1 st OF MAY, 2024
CRIMINAL REVISION No. 1729 of 2024
BETWEEN:-
VIDHI KA ULLANGHAN KARNE WALA BALAK S/O SHRI
PRATHVI SINGH AGE 16 YEARS MANKHAKI JARGA
DISTRICT DHOLPUR RAJSTHAN THROUGH BHAI
KRASHNA BIHARI S/O SHRI PRATHVI SINGH
MANKHAKI JARGA DISTRICT DHOLPUR RAJSTHAN
(RAJASTHAN)
.....PETITIONER
(SHRI ARVIND SINGH CHAUHAN, LEARNED COUNSEL FOR THE
PETITIONER .
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH ARAKSHI KENDRA BAHODAPUR
DISTRICT GWALIOR M P (MADHYA PRADESH)
.....RESPONDENTS
( MS. ABHA MISHRA - P.P.- APPEARING ON BEHALF OF ADVOCATE
GENERAL.
T h is revision coming on for admission hearing this day, t h e court
passed the following:
ORDER
Heard learned counsel for the rival parties and perused the case diary.
This revision petition has been filed by the petitioner under Section 102
of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short
"the Act") being aggrieved by judgment dated 28/03/2024 passed by Special
Judge, (POCSO)/11th Additional Sessions Judge, District Gwalior (M.P.) in
Criminal Appeal No. 169/2024, whereby, confirming the order dated
19/03/2024 passed by Principal Magistrate, Juvenile Justice Board, Dist.
Gwalior in criminal case No. / crime No. 44/2024, whereby, the child in conflict
has been convicted for the offence punishable under section 307, 294, 506, 34
of IPC.
Learned counsel for the petitioner submits that learned Juvenile Justice
Board as well as the Appellate Court have erred in convicting the child in
conflict without appreciating the evidence available on record. The petitioner
has spent almost four months in the Special Reformatory Home out of total
awarded sentence. The report of Probation Officer has been received, in which,
no adverse remarks has been mentioned against the petitioner. It is further
submitted that guardian/father of the petitioner undertakes to take proper care,
impart him education and keep him away from the criminal activities. On these
grounds, it is prayed that the petitioner may be released on bail.
In response, learned State counsel opposed the application and prays for
its dismissal.
Heard learned counsel for the parties and perused the case diary.
Taking into consideration the circumstances of the case and period of
custody as well as the fact that it is not in dispute that on the alleged date of
incident, the petitioner was minor. Section 12 of the Act reads as under :-
"12. Bail to a person who is apparently a child alleged to be in conflict with
law:- (1) When any person, who is apparently a child and is alleged to have
committed a bailable or non-bailable offence, is apprehended or detailed by the
police or appears or brought before a Board, such person shall,
notwithstanding anything contained in the Code of Criminal Procedure, 1973 or
in any other law for the time in force, be released on bail with or without surety
or placed under the supervision of a probation officer or under the care of any
fit person: Provided that such person shall no be so released if there appears
reasonable grounds for believing that the release is likely to bring that person
into association with any known criminal or expose the said person to moral,
physical or psychological danger or the person's release would defeat the ends
of justice, and the Board shall record the reasons for denying the bail and
circumstances that led to such a decision."
Having carefully examined the provisions of the Act vis-a-vis the orders
passed by Courts below, I do not find any of the exceptional circumstances to
decline bail to the juvenile-petitioner.
In view of the aforesaid, this revision is allowed and the judgment dated
28/03/2024 passed by Special Judge, (POCSO)/11th Additional Sessions
Judge, District Gwalior (M.P.) in Criminal Appeal No. 169/2024, whereby,
confirming the order dated 19/03/2024 passed by Principal Magistrate, Juvenile
Justice Board, Dist. Gwalior in criminal case No. / crime No. 44/2024 are
hereby set aside and Revision petition is allowed.
It is ordered that the juvenile- petitioner shall be handed over to the
custody of his natural guardian (father) on furnishing a personal bond by his
father/guardian in the sum of Rs. 1,00,000/- (Rupees One Lakh only) along with
one solvent surety to the satisfaction of the Juvenile Justice Board/ Court,
Gwalior, with the condition that as and when directed the petitioner- juvenile
shall appear before the said Board or Court concerned during pendency of the
case and his guardian shall keep proper care of the delinquent juvenile-
petitioner and keep him away from the company of known criminals.
Certified copy of this order be sent to the Juvenile Justice Board/Court
concerned for information and compliance.
CC as per rules.
(SUNITA YADAV)
JUDGE
Durgekar
