Madhya Pradesh High Court
Mohd. Suleman S/O Mohammad Salim ... vs The State Of Madhya Pradesh on 19 September, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 19 th OF SEPTEMBER, 2023
CRIMINAL REVISION No. 3566 of 2023
BETWEEN:-
1. MOHD. SULEMAN S/O MOHAMMAD SALIM
NATURAL GUARDIAN FATHER MOHD. SALEEM
S/O MOHD. UMAR R/O STORE OF INDIAN SODA
TANKI CHOWK UJJAIN DISTRICT UJJAIN
(MADHYA PRADESH)
2. MOHD. SUFIYAN S/O ASHRAF THROUGH
NATURAL GUARDIAN FATHER ASHRAF R/O
STORE OF INDIAN SODA, TANKI CHOWK, UJJAIN,
DIST. UJJAIN (MADHYA PRADESH)
.....PETITIONERS
(SHRI VIVEK SINGH - ADVOCATE ),
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KHARAKUWAN DISTRICT UJJAIN (MADHYA
PRADESH)
.....RESPONDENT
( BY SHRI VISHAL SANOTHIYA - GOVERNMENT ADVOCATE)
This revision coming on for admission this day, th e court passed the
following:
ORDER
The petitioners have preferred this criminal revision under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 being aggrieved by impugned order dated 27.7.2023 passed by Special Judge POCSO Act in criminal appeal no. 142/2023 whereby the appeal preferred by petitioners against the order dated 19.7.2023 passed by Principal Magistrate Juvenile Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 20-09-2023 16:50:03 2 Justice Board Ujjain for the offences under sections 295A, 153A, 296, 505, 34 of IPC has been rejected.
2. The facts giving rise to the present case are that complainant Sawan Lot alonwith his friends came to Police station Kharakuwan and reported that on 17.7.2023 at 6.30 in the evening a procession of Mahakaal was going on which the complainant and his friends came to visit the procession. When the procession came near Tanki Square some unknown boys from terrace of the building started spitting on the procession vehicle. Upon which the police on complainant's complaint registered a case against the applicants.
3. Initially the bail application of petitioners filed under section 12 of Act 2000 was rejected by Juvenile Justice Board vide order dated 19.7.2023 against which criminal appeal was dismissed by the impugned order dated 27.7.2023. Being aggrieved by aforesaid orders, this revision has been filed by petitioners.
4. Learned counsel for petitioners submits that the impugned orders passed by the courts below are contrary to law and facts. These are neither legal nor correct. Petitioners are ready to abide by all the terms imposed by this court. They are juvenile persons. Final conclusion of trial will take sufficient long time. Hence it is prayed that the orders be set aside and petitioners be released on bail.
5. Per contra, learned counsel for state opposes the prayer by submitting that offence committed by petitioners is very heinous in nature and the acts of petitioners may damage communal harmony as a result of which communal riots may be happened. Therefore, probation officer also given some report which is in favour of prosecution, therefore, on the basis of report given by probation officer petitioners are not entitled for grant of bail.
Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 20-09-2023 16:50:03 36. I have heard the learned counsel for the parties and perused the record.
7. Section 12 of the Act 2000 reads as under:
"12 - Bail of juvenile - (1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 1 [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or exposehim to moral, physical or psychological danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub- section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."
8. The language of Section 12 of the Act of 2000 conveys the intention of this legislature to grant bail to the juvenile irrespective of nature or gravity of the offence alleged to have been committed by him and can be defined only in the case where 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 his release shall defeat the ends of justice. In this context I have also scanned through and perused the orders passed by the Courts below and FIR of the case.
9. In the matter of Manoj Singh Vs. State of Rajasthan (2004 (2) R.C.C. Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 20-09-2023 16:50:03 4 995, Lal Chand Vs. State of Rajasthan (2006 (1) R.C.C. 167, Prakash Vs. State of Rajasthan (2006 (1) RCC 337, Udaibhan Singh alias Bablu Singh Vs. State of Rajasthan (2005 (4) Crimes 649 and Cr.R.No.70/2015 (Rabi Khan alias Salman Vs. State of M.P.) Rajkumar Vs. State of M.P. 2008 (1) MPWN Note 94, it has been held by the different High Courts that if there are no allegations that release of delinquent juvenile on bail shall bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release shall defeat the ends of justice, he deserves to be released on bail and merits or nature of the offence has no relevance while considering the bail application of delinquent juvenile.
10. On going through the aforesaid citations, the legal position of granting or rejecting bail to a delinquent juvenile is candidly clear. While considering the bail application to juvenile provisions of section 12 of Act 2000 should be seen and provisions of bail of Code of Criminal Procedure shall not govern juvenile's bail application. Heinousness of offence is also has no relevant while considering the bail matter of a delinquent juvenile.
11. It is for the prosecution to bring on record such material, including the report of the Probation Officer to show that the release of the delinquent juvenile on bail is likely to bring him into the association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice.
12. As per above discussion I am of the opinion that both the Courts below erred in rejecting the petitioner's bail application. There is no possibility that if petitioners are released on bail, their release shall bring them into association with any known criminal or expose them to moral, physical or psychological danger or their release shall defeat the ends of justice. Impugned Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 20-09-2023 16:50:03 5 order passed by the appellate Court and the order passed by the Juvenile Board are not sustainable in law and both the Courts below committed jurisdictional error and illegality in passing both the orders.
13. Consequently, revision petition is allowed and impugned order dated 27.7.2023 passed by Appellate Court and the order dated 19.7.2023 passed by Juvenile Justice Board in Crime No. 95/2023 are hereby set aside and it is directed that petitioners be released on bail on executing a personal bond by their natural guardian in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with two separate solvent sureties in the like amount to the satisfaction of the concerned Juvenile Justice Board with the stipulation that on all the subsequent dates of hearing, they shall produce the delinquent juvenile before the said Board or any other Court during pendency of the inquiry and they shall keep proper look-after of the juvenile delinquent and keep them away from the company of known criminals.
With the aforesaid, revision petition stands disposed of.
(ANIL VERMA) JUDGE BDJ Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 20-09-2023 16:50:03