Madhya Pradesh High Court
Bhura @ Ramjilal Sharma vs The State Of Madhya Pradesh on 9 January, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9222 of 2022
(BHURA @ RAMJILAL SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 09-01-2023
Shri Harshit Sharma, learned counsel for the appellant no.10 and Shri
Atul Gupta, learned counsel for the appellant no.7.
Shri P.P.S. Bajeetha, learned Public Prosecutor for the State
Shri Faisal Ali Shah, learned counsel for the Respondent [COMP].
Learned counsel for the appellant no.10 prays for and is permitted to withdraw I.A.No.18100/2022, second application u/S.389 of Cr.P.C. for grant of bail by way of suspension of sentence filed on behalf of appellant No.10.
Accordingly, I.A.No.18100/2022 stands dismissed as withdrawn with respect to appellant no.10.
I.A. No.777/2023, an application under Section 7(A) of Juvenile Justice (Care and Protection of Children) Act, 2000 for conducting enquiry in regards to the age of appellant no.7- Ashish Sharma and for grant of interim bail.
This criminal appeal has been filed by the appellants under section 374(2) o f Cr.P.C against the judgment dated 27/09/2022 passed by learned Third Additions Sessions Judge, Joura, District Morena in S.T. No.104/2014, whereby, the appellant no.7 has been convicted for the offence punishable under section 148 of IPC and sentenced him to undergo rigorous imprisonment of Two years each with fine of Rs. 1000/- and Section 307/149 (two count) of IPC and sentenced him to undergo rigorous imprisonment of ten years with fine of Rs.3,000/- with default stipulation.
The application is supported by affidavit of brother of the appellant No.7 and it is annexed with the marksheets of Board of Secondary Education as well 2 as Board of Primary Education. According to which, the date of birth of the appellant No.7 is 23/06/1995.
In view of the provisions of Section 7(A) of Juvenile Justice (Care and Protection of Children) Act, 2000, this Court deems it fit to call the report regarding age of the appellant No.7 on the date of alleged incident i.e. 23/04/2013.
Office is directed to send copy of the aforesaid interlocutory application along with annexed papers i.e. mark sheets of the appellant No.7 to the Juvenile Justice Board, Morena (M.P.) who shall conduct enquiry within the stipulated period and submit its report before this Court thereafter.
In view of above, I.A. No.777/2023 is allowed and for the purpose of enquiry in respect to the juvenility of the appellant No.7 at the time of incident, this Court finds it appropriate to grant him interim bail until the enquiry is concluded.
Consequently, it is hereby directed that the appellant No.7- Ashish Sharma shall be released on interim bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
It is further directed that the appellant No.7 shall appear before the Juvenile Justice Board within a period of seven working days from the date of his release on interim bail from the District Jail, Morena alongwith certified copy of this order as well as the relevant documents in relation to his age. The Board is hereby directed to complete the inquiry as per Rules within the stipulated period of time of four months from the date of receiving the copy of this order.
The interim bail granted by this Court shall automatically cancelled, in case, the appellant No.7 is not found to be juvenile on the date of commission 3 of offence. In that case, the appellant No.7 shall surrender immediately before the concerned Court which shall take him under custody and send him to jail.
If the appellant No.7 is found to be juvenile, he will be at liberty to file appropriate application before the concerned Court/Authority.
The appellant No.7 shall co-operate with the Juvenile Justice Board and shall abide by all the terms and conditions as may be imposed by the Board.
E- copy of this order be sent to the Court concerned for compliance, if possible, by the office of this Court.
List this matter 10/04/2023.
Certified copy as per rules (SUNITA YADAV) JUDGE vpn VIPIN KUMAR AGRAHARI 2023.01.10 10:35:54 +05'30'