Raj Singh Chauhan vs State of M.P.

D.K. Paliwal, J.—Heard.

Being aggrieved by the judgment dated 10.6.2014 passed by Sessions Judge, Gwalior in Criminal Appeal No. 202/2014, whereby the order passed by Juvenile Justice Board on 17.5.2014 has been confirmed, the petitioner has preferred this criminal revision u/s 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

The facts giving rise to this revision petition in brief are that complainant Guddi Bai has lodged a report that on 7.5.2014 at about 7:45 AM she and her husband along with children were in the house, Raj Singh Chauhan came and started abusing, when husband of the complainant objected then Sanju Chauhan also came and both Sanju and Raj Singh Chauhan started beating the husband of the complainant and thrown the husband of the complainant from the roof. He became unconscious when complainant came to rescue her husband then Sanju thrown piece of stones which hit her on his head. Later-on the husband of the complainant died. Report was lodged and Crime No. 266/2014 was registered at Police Station Madhoganj, District Gwalior under sections 302, 294, 336, 323/34 of IPC. The petitioner was arrested. Thereafter, he moved an application before Juvenile Justice Board which was rejected vide order dated 17.5.2014. Against the order dated 17.5.2014 a Criminal Appeal No. 202/2014 was preferred by the petitioner which has been dismissed by the impugned judgment dated 10.6.2014. Being aggrieved this revision petition has been filed.

It is submitted by the learned counsel for the petitioner that the impugned judgment is illegal, arbitrary and not sustainable. The petitioner is a juvenile and has no criminal history. It is further submitted that the petitioner is not residing with his father, but residing with his mother and mother has filed a complaint against the father of the petitioner under Domestic Violence Act in the year 2013. Thus, the criminal background of the father of the petitioner has no impact on the petitioner. The learned Sessions Judge has failed to consider this aspect and, therefore, learned counsel for the petitioner prayed for setting aside the judgment dated 10.6.2014.

Learned Public Prosecutor has supported the impugned judgment.

Perused the record of the Court below.

It is not disputed that the petitioner is Juvenile. The allegation against the petitioner is that he along with co-accused thrown the deceased from the roof. The learned Magistrate has refused the interim custody of the petitioner on the ground that his release likely to bring him into association with any known criminal or expose him to moral danger because the father of the petitioner is having criminal background.

Regarding bail to a juvenile it is relevant to refer Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which reads as under:

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 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 expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

From the plain reading of the aforesaid provisions, it is crystal clear that if a juvenile accused is arrested or detained or appears or is brought before a Board, such person shall be released but he shall not be so released if 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 would defeat the ends of justice. Thus, every juvenile for whatsoever offence he is charged with, shall be released on bail except under the above circumstances. In the instant case there is no material showing that in case the petitioner is released on interim custody he is likely to come into association with any known criminal or expose him to moral danger or his release would defeat the ends of justice.

Considering the facts and circumstances of the case and in absence of any material, it is very difficult to hold that the release of petitioner on bail would result into his association with any known criminal or expose him to moral danger. In my opinion, the learned Court below have not properly appreciated the material available on record as well as provision of section.

The words "notwithstanding anything contained in the Code of Criminal Procedure, 1973" only indicates that considerations which are germane for granting or refusing bail to persons who are not juvenile delinquent shall not come into play for granting or refusing bail to them. The juvenile delinquent has been separately protected by the Act for the reason of his age.

In view of the aforesaid in the opinion of this Court, the judgment passed by the Court below in Criminal Appeal No. 202/2014 on 10.6.2014 and order passed by the Juvenile Justice Board dated 17.5.2014 are liable to be set aside.

Consequently the petition is allowed. The impugned judgment/order are set aside It is directed that the petitioner shall be given on interim custody to his mother Smt. Neelam Chauhan on her furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of Juvenile Justice Board subject to the condition that the mother of the juvenile shall keep watch over him during the period of his release and keep him present on each and every dates of hearing before the Board and shall not allow her child to bring into association with any known/unknown criminals and further ensure that his release shall not defeat the ends of justice, in any manner. It is further directed that the Probation Officer shall periodically keep vigilance over the delinquent juvenile and observe his activities and in the event of any adversity noticed by him he shall cause arrest for him. Eventually, the order granting bail to the petitioner shall stand automatically cancelled.

Consequently, this revision is allowed and disposed of.