Madhya Pradesh High Court
Child In Conflict With Law vs The State Of Madhya Pradesh on 24 April, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:10795
1 CRR-295-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 24th OF APRIL, 2025
CRIMINAL REVISION No. 295 of 2025
CHILD IN CONFLICT WITH LAW
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Virendra Patel - advocate for the petitioner.
Shri Romil Verma appearing on behalf of Advocate General.
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 13.01.2025 passed in Criminal Appeal No.385/2024, by the
learned Special Judge, (POCSO Act) District Indore whereby the learned Court has
affirmed the order dated 20.12.2024 passed by juvenile Justice Board in Crime
No.629/2024 rejecting the application for custody of the child in conflict.
2. As per the prosecution story, the allegations against the child in conflict and
other co-accused persons are of committing theft of one mobile by each juvenile.
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 guardians 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 juvenile and there is no chance
that the juvenile will affect by the society of miscreants/bad persons.
4. It is also submitted that the petitioners (father) of the minor undertakes and
assures the Court that he will take care of the juvenile in accordance with law. It is
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further submitted that as per the report of Probation Officer, the conduct of the juvenile
is in accordance with law. It is further submitted that there is no likelihood that minor
would come into contact of any known criminal or his release would expose them to
moral, physical or psychological danger or otherwise defeat the ends of justice. It is
also submitted the report of Probation Officer is in favour of the Juvenile.
5. On the other hand learned Penal Lawyer has opposed the prayer contending
that there are clear allegations of commission of offence with the co-accused. Therefore,
the learned appellate Court has not committed any illegality and in keeping the juvenile
in Child Reformation Center considering the nature of crime committed by them. 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 of 2015' 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 juvenile is not clear now and
juvenile has participated in the offence or not, it shall only be decided by proper trial
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only. The appeal was dismissed by the learned appellate Court on the ground that there
exist reasonable grounds under the sections for believing that the release of the
juveniles would defeat the ends of justice. However, it cannot be lost sight of the fact
that such provision is indicative of the intent 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 of 2015'. 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'. The report of probation office is also in favour of juvenile.
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 respectively.
9. Accordingly, the present revision petition is allowed and the impugned
judgment dated 13.01.2025 is hereby set aside and it is directed that the juvenile shall
be released on bail and handed over to the custody of his guardian on furnishing a
personal bond of Rs.75,000/- (Rupees Seventy five thousand only) with one solvent
surety in the like amount to the satisfaction of the Juvenile Justice Board, Inodre subject
to the condition that the Guardian of the juvenile shall keep watch over him during the
period of their release and keep them present on each and every date of appearance
before the Juvenile Justice Board and shall not allow the minor 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.
10. It is further directed that Probation Officer shall periodically keep vigilance
over the child conflicted with law and observe his activities and in the event of any
adversity noticed by him, he shall inform the Juvenile Justice Board and the Board,
after proper enquiry, if found the activities of the conflicted child adverse to law, may
send the juvenile to Child Reformation Center and in such condition, this order
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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
