Madhya Pradesh High Court
Child In Conflict With Law (Juvenile) vs The State Of Madhya Pradesh on 28 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 28 th OF MAY, 2024
CRIMINAL REVISION No. 1431 of 2024
BETWEEN:-
CHILD IN CONFLICT WITH LAW (JUVENILE)
.....APPLICANT
(BY SHRI JITENDRA TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOTWALI KATNI DISTRICT KATNI (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI S.M. PATEL - PANEL LAWYER)
This revision coming on for admission this day, th e court passed the
following:
ORDER
This revision petition has been preferred under Section 102 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter
referred to as "J.J. Act, 2015") against the appeal judgment dated
13.03.2024 passed by the IIIrd Additional Judge to the Court of Ist
Additional Sessions Judge, Katni (MP) in Criminal Appeal No.42/2024
whereby the appeal preferred against the order dated 09.03.2024 passed by
the Principal Magistrate, Juvenile Justice Board, Katni in Case
No.182/2018 arising out of Crime No.1609/2017 of Police Station
Kotwali, Katni for commission of offence under Section 34(2) of M.P.
Excise Act rejecting the bail application o f the child in conflict with law
(juvenile) has been affirmed.
2. As per the allegation, on 30.11.2017 at around 10:30 pm,
applicant/child in conflict with law (juvenile) was found in possession of
15 litres country made mahua liqour. Case was registered. After arrest, he
was given on supurdagi, but after his release on bail/supurdagi, he failed
to turn up before the Juvenile Justice Board. On account of his failure to
appear before J.J. Board, arrest warrant was issued against him and in
pursuant to arrest warrant, he was arrested on 09.03.2024 and was
produced before Juvenile Justice Board, Katni which dismissed his
application to handover/release him on supurdagi and remanded him to the
place of safety at Seoni.
3. Learned Appellate Court as well as learned Juvenile Justice Board have
dismissed the bail application on the ground that applicant/child in conflict with
law (juvenile) did not appear before the Juvenile Justice Board since 08.05.2019.
As he remained absent for last five years, therefore, it is necessary to keep him
in place of safety for sometime for reformatory purpose.
4 . Learned counsel for the applicant has submitted that applicant's
mother is ready to take him on supurdagi. He is in safety home for last two
months. He has learnt sufficient lesson for his absence before the Juvenile
Justice Board. Therefore, it is prayed that one more opportunity may be given
to the applicant/child in conflict with law (juvenile) to remain on bail/supurdagi
as his mother is ready to take his responsibility and to produce him before
Board on all the dates fixed by it.
5 . On the other hand, learned counsel for the State has opposed the
prayer for grant of bail.
6. I have heard learned counsel for the parties at length and have gone
through the orders passed by the Courts below.
7. Applicant/child in conflict with law (juvenile) was found in possession
of 15 litres country made mahua liqour. He was released on bail/supurdagi,
but due to his absence, arrest warrant was issued against him and considering
his long absence from the Juvenile Justice Board, his bail application has been
dismissed. Applicant/child in confilct with law (juvenile) is in safety home for
last more than two months. There is nothing on record that he has any criminal
background. There is no report that if he is released on bail or given on
supurdagi to his mother, his release is likely to bring him into association with
any known criminal, or expose him to moral, physical or psychological danger,
or that his release will defeat the ends of justice. Both the Courts below have
not recorded any such findings. His mother is ready to give an undertaking that
if juvenile is released on bail/supurdagi, she will keep him in her custody and
will take proper care and will produce him before the Juvenile Justice Board on
every date fixed by it.
8. It is undisputed that applicant/child in conflict with law (juvenile) did
not appear before the Trial Court in the case almost for a period of five years,
but considering the fact the he is in place of safety for more than two months, I
am of the view that it would be just and proper to give him one more
opportunity to remain on bail/handover him to his mother. Therefore, the
impugned orders passed by the Courts below are set-aside and present criminal
revision filed on behalf of the applicant/child in conflict with law (juvenile) is
allowed as juvenile's mother is ready to take care of the juvenile.
9. It is directed that child in conflict with the law (juvenile) be
released on bail in Crime No.1609/2017 of Police Station Kotwali,
District Katni (MP) for commission of offence under Section 34(2) of M.P.
Excise Act, upon furnishing a personal bond of his mother of Rs. 50,000/-
(Rupees fifty thousand Only) with one solvent surety in the like amount to
the satisfaction of Juvenile Justice Board, Katni, subject to the following
conditions:-
(1) During bail period, applicant/juvenile will remain in
her supervision and control and she shall be responsible
for his maintenance, well being and other activities.
( 2 ) His mother shall undertake that upon release on
bail/supurdagi juvenile will not be permitted to go into
contact or association with any known criminal or
allowed to be exposed to any moral, physical, or
psychological danger and further that she will ensure that
the juvenile will not repeat the offence.
(3) Juvenile's mother shall also ensure of the appearance
of the Juvenile before Juvenile Justice Board on all the
dates fixed by it till the final disposal of the case pending
before it.
10. This criminal revision is allowed accordingly.
.
(DINESH KUMAR PALIWAL)
JUDGE
@shish
