Madhya Pradesh High Court
Abhishek Dhakare (Child In Conflict ... vs The State Of Madhya Pradesh on 10 November, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 10th OF NOVEMBER, 2022
CRIMINAL REVISION No.4003 OF 2022
BETWEEN:-
ABHISHEK DHAKARE (CHILD IN
CONFLICT WITH LAW) AGED
NEAR ABOUT 16 YEARS, S/O X,
R/O SAROJ NAGAR BHIND,
DISTRICT BHIND (MADHYA
PRADESH) THROUGH UNDER
GUARDIAN HIS ELDER
BROTHER SATENDRA DHAKARE,
S/O SHRI UMESH DHAKARE, R/O
AT PRESENT SAROJ NAGAR,
BHIND (MADHYA PRADESH).
........APPLICANT
(BY SHRI RAMKISHORE SHARMA - ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH CITY KOTWALI
BHIND (MADHYA PRADESH).
........RESPONDENT
(BY SHRI C.P. SINGH - PANEL LAWYER)
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2
This revision application coming on for hearing this day, the
Court passed the following:
ORDER
This third Criminal Revision under Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act, 2015") has been filed against the order dated 23/6/2022 passed by First Additional Sessions Judge, Bhind, District Bhind in Criminal Appeal No.76/2022, by which the Appellate Court has dismissed the appeal filed by the applicant and affirmed the judgment dated 11/6/2022 passed by Juvenile Justice Board, Bhind, by which the application filed by the applicant under Section 12 of the Act, 2015 has been rejected.
2. It is not out of place to mention here that earlier the applicant had filed Criminal Revision No.863/2022 which was dismissed by order dated 5/4/2022 with a direction to the Juvenile Justice Board to pass an order under Section 15 of the Act, 2015.
3. It is submitted by the counsel for the applicant that the Juvenile Justice Board, Bhind by order dated 14/5/2022 passed in Case No.318/2021 has held that the applicant is liable to be prosecuted by Juvenile Justice Board as a child in conflict with law.
4. It is further submitted that the complainant has been examined and he has turned hostile. According to the prosecution case, the complainant was stopped and abused by eight accused persons including the applicant. It is alleged that a gunshot was fired, but the complainant escaped unhurt and the said gunshot hit on the 3 motorcycle of Pappu. The applicant was taken in custody on 9/10/2021 and on his memorandum, one country made pistol was recovered and one Apache motorcycle bearing registration No.MP30 MQ 4150 has also been recovered. Since the complainant has been examined and he has turned hostile, therefore, at present there is no substantial evidence against the applicant. The trial is likely to take sufficiently long time and in the light of Section 12 of the Act, 2015, his application for bail may be considered sympathetically.
5. Per contra, the revision is vehemently opposed by the counsel for the State. It is submitted that as per the report of the Probation Officer, the neighbours have given negative opinion about the applicant.
6. Heard learned counsel for the parties.
7. The Juvenile Justice Board by order dated 26/10/2021 had rejected the application under Section 12 of the Act, 2015. In the said order it was mentioned that apart from the present case, one more offence under Sections 307, 34, 294 of IPC and Sections 25, 27 of the Arms Act has been registered against the applicant in Police Station Dehat, District Bhind. Under these circumstances, this Court is of the considered opinion that in absence of sufficient positive material, it is very difficult for this Court to ascertain as to whether there is a further possibility of applicant's coming into association with known criminals and exposure to physical, moral and psychological danger or not. However, one thing is clear that since one more offence under Section 307 of IPC has been registered, therefore, it is clear that the 4 applicant is having close association of known criminals and there is a danger of physical, moral and psychological exposure.
8. Accordingly, this Criminal Revision is dismissed with liberty to revive the prayer alongwith the status of trial in Crime No.125/2021 registered at Police Station Dehat, District Bhind.
(G.S. AHLUWALIA) JUDGE Arun* ARUN KUMAR MISHRA 2022.11.14 11:30:58 +05'30'