Madhya Pradesh High Court
Sheikh Ramjan Khan vs The State Of Madhya Pradesh on 21 September, 2017
CRR-2205-2017
(SHEIKH RAMJAN KHAN Vs THE STATE OF MADHYA PRADESH)
21-09-2017
Shri Manish Datt, learned Senior counsel with Shri T.P.Jaiswal,
learned counsel for the applicant.
Shri Aseem Dixit, learned Government Advocate for
respondent-State.
Heard arguments.
Perused the case-diary and material on record.
Applicant has filed this criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act"), for release of his son namely, Faizan Khan (juvenile), being aggrieved by the order dated 31/07/2017 passed by the Additional Sessions Judge, Jabalpur, in Criminal Appeal No.281/2017, arising out of the order dated 05.07.2017, rejecting the bail application, passed by Juvenile Justice Board, Jabalpur(for short "the Board"), in case no.118/2017, whereby the learned Sessions Judge has affirmed the order.
In nutshell, the facts of the case necessary for the adjudication of this revision are that on 15.12.2016, at about 17:15 hours, complainant Sumit Mehra had gone to Gurunanak Higher Secondary School for attending the Annual Function along with his friends as sister of one of his friends namely, Shubham Singh was studying in that School. At that place, juvenile Faizan Khan was also present with his friends namely, Mohsir Khan, Arman Khan and Pawan Vishwakarma. It is alleged that on certain issues juvenile, along with other co-accused, started assaulting Shubham, due to which some altercation took place between them and thereafter, Shubham ran away from the spot. It is further alleged that in the evening at about 04:45 p.m., juvenile Faizan khan along with other accused persons met with Shubham near Samdariya Mall and thereafter, they caught Shubham and further assaulted him and juvenile Faizan Khan, with intention to kill him, assaulted Shubham with knife and as a result thereof, he sustained various injuries on his head, chest, leg etc. Thereafter, injured Shubham was taken to J.K. Hospital and was further referred to Metro Hospital for treatment. During treatment, he died and because of this, offence under Section 302 of IPC along with Section 25 of Arms Act has been registered against juvenile Faizan Khan. The bail application filed on behalf of the juvenile under Section 12 of the Act has been dismissed by the Board. Feeling aggrieved by that order, an appeal was preferred under Section 53 of the Act. Vide the impugned order dated 31.07.2017, the learned Sessions Judge has dismissed the appeal, affirming the order passed by the Board.
Learned counsel for the applicant submits that the Board and appellate Court had not decided the bail applications, keeping in view the provisions of Section 12 of the Act and they travelled beyond the provisions of Section 12 of the Act. It is further submitted that none of the grounds of rejection falls under Section 12 of the Act and the applicant is entitled to get relief of bail during the trial of the case. It is also submitted that statement of four witnesses have been recorded during the trial by juvenile Board and they are not supported the case of prosecution against the Juvenile and on this ground he also prays for supurdginama.
Learned Government Advocate has opposed the revision, supporting the orders passed by the Board and the appellate Court.
Section 12 of the Act is as follows:
"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 detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being 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 not 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.
(2)....
(3)....
(4)...."
Perusal of above Section reflects that in all cases, it is mandatory for the Court to release all juveniles but if it appears, in the mind of the Court, reasonable ground for believing that release is likely to bring that person into association with any known criminal or expose the said person to moral, physical and psychological danger or the person's release would defeat the ends of justice then by recording reasons, bail of juvenile can be dismissed. Allegedly, the facts and circumstances of this case are that firstly, the juvenile assaulted deceased near Gurunanak Higher Secondary School and thereafter, juvenile and other co-accused met with deceased Shubham near Samdariya Mall and they caught hold of Shubham and further assaulted him and thereafter, juvenile Faizan Khan, with intention to kill him, gave number of blows by knife and by that, caused about 7 incised grievous injuries on his person. It shows that he assaulted him very brutally. His way of assaulting; such as firstly, he beaten him at different place and time and thereafter, he further attacked him at another place and at different time. Thus, looking to his attitude about committing crime, it appears reasonable ground for believing that his release is likely to bring him into association with hardened criminals and his release would defeat the ends of justice. No doubt four witnesses have been examined and they have not supported the case of prosecution against the juvenile but no. of witnesses are yet to be examined and only on the basis of above said examined witnesses, case of prosecution cannot be concluded. Thus, in my considered opinion, it would not be appropriate to release or give the juvenile on supurdginama to his guardian.
Learned counsel for the applicant submits that as per report of Probationary Officer dated 14/06/2017, the juvenile has shown positive change in his behaviour. It is pertinent to note here that report of probationary officer had already been considered during passing order in Cr.Rev.No.1313/2017 dated 21/06/2017. Inspite of that, in my opinion, looking to the facts and circumstances of the case, only on the basis of the report of his improved attitude during such short custodial period, cannot be a reasonable ground for releasing him or giving him on supurdginama to his guardian.
Accordingly, I find that in rejecting the bail application by the Board and dismissing the appeal by the Court of Additional Sessions Judge, both the Courts below have not committed any error which needs any interference. Thus, this revision is hereby dismissed.
(H.P. SINGH) JUDGE S /-