Madhya Pradesh High Court
Xyz Through Shri Kashiram Kushwaha vs The State Of Madhya Pradesh on 1 September, 2022
Author: Sunita Yadav
Bench: Sunita Yadav
01
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 1st OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 41537 of 2022
Between:-
XYZ THROUGH SHRI KASHIRAM
KUSHWAHA, AGED ABOUT 16 YEARS,
OCCUPATION: STUDENT, R/O NEW
COLONY GHOSHIPURA MURAR,
GWALIOR (MADHYA PRADESH)
......APPLICANT
(BY SMT. SANGEETA PACHURI-
ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
INCHARGE POLICE STATION
THROUGH POLICE STATION MURAR
ROAD, DISTRICT GWALIOR
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI NAVAL KISHORE GUPTA- PANEL LAWYER)
(BY SHRI A.K. AHIRWAR AND S.K. MISHRA-
ADVOCATE FOR COMPLAINANT)
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This application coming on for hearing this day, the court passed the
following:
02
ORDER
Heard on I.A. No.13518/2022, an application for exemption of certified copies is taken up, considered and allowed for the reasons mentions therein.
The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 16.08.2022 by Police Station Murar, District Gwalior (M.P.) in Connection with Crime No.649/2022 registered for the offence punishable under Sections 327, 294, 323, 324, 506, 34 of IPC and added Section 329 of IPC.
The ground for granting regular bail to the applicant along with other grounds are that at the time of incident i.e. 22.07.2022, the applicant was juvenile as his date of birth is 01.06.2006. In support of his juvenility, the mark-sheets of the applicant Annexure A/2 containing page no.13 to 16 and Adhar Card No.394851343914 are annexed.
Per contra, learned counsel for the State raised the objection in relation to the maintainability of the bail application. It is further 03 argued that there is no documents in the case-diary with regard to juvenility of the applicant, therefore, prays for dismissal of bail application.
Heard learned counsel for the rival parties and perused the case diary.
On perusal of copies of the mark-sheets as well as Adhar Card, the age of the applicant seems to be below 18 years on the date of the commission of offence. However, this Court is not empowered to hold the inquiry in relation to the age of the applicant claimed to be juvenile; therefore, in the light of mandatory provisions of The Juvenile Justice (Care and Protection of Children) Act, 2015, the age of the applicant is required to be examined by The Juvenile Justice Board.
In view of above when the claim of the juvenility is raised by the applicant with the support of relevant documents showing his age below 18 years, this Court thinks it appropriate to grant him interim bail until the inquiry is concluded by the Juvenile Justice Board Gwalior.
04
Consequently, it is hereby directed that the applicant 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 applicant shall appear before the Juvenile Justice Board within a period of three working days from the date of his release on interim bail 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 applicant is not found to be juvenile on the date of commission of offence. In that case, the applicant shall surrender immediately before the concerned trial Court which shall take him under custody and send him to jail.
If the applicant is found to be juvenile, he will be at liberty 05 to file appropriate application before the concerned Court/Authority.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1) The applicant will comply with all the terms and conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, as the case may be;
3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4) The applicant will not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.
5) The applicant will not seek unnecessary adjournments during the trial; and 06
6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
This petition is disposed of with aforesaid directions. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
(SUNITA YADAV) JUDGE vpn VIPIN KUMAR AGRAHARI 2022.09.02 17:09:54 +05'30' VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00'