S. S vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 [ in short '' the Act''] assails the order dated 03.04.2023 passed by the Special Judge (POCSO Act)/8th Additional Sessions Judge, Morena in CRA No.72/2023 affirming the order dated 15.03.2023 passed by the Juvenile Justice Board, Morena, whereby prayer of the juvenile for grant of bail under Section 12 of the Act in Crime No.202/2023 registered at police Station, City Kotwali, Distt. Morena, for the offence punishable under Sections 327, 323, 294, 506, 427 of IPC has been declined.

Allegation against the petitioner is that he along with co-accused demanded money from the complainant for drinking liquor and when he refused, they committed Marpeet with him.

Learned counsel for the petitioner submits that at the time of incident petitioner was of tender age of 17 years. There is no possibility that after releasing from the custody he will again commit an offence and will be in the company of criminals. On such premises, learned counsel for the petitioner prayed for releasing the petitioner on bail.

Learned counsel for the State opposed the prayer and prayed for rejection of the revision.

Heard learned counsel for the parties and perused the case diary.

It is not in dispute that on the alleged date of incident, the petitioner was minor. Section 12 of the Act reads as under :-

"œ12. 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 detailed by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time 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 no 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) to (4) ..... "

Having carefully examined the provisions of the Act vis-a-vis the orders passed by Courts below, I do not find any of the exceptional circumstances to decline bail to the juvenile-petitioner.

In view of the aforesaid, this revision is allowed and the order dated 03.04.2023 passed by the Special Judge (POCSO Act)/8th Additional Sessions Judge, Morena, in CRA No.72/2023 as well a s the order dated 15.03.2023 passed by the Juvenile Justice Board, Morena in Crime No.202/2023 are hereby set aside and Revision petition is allowed

I t is ordered that the juvenile- petitioner shall be handed over to the custody of his natural guardian (father) on furnishing a personal bond by his father in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with one solvent surety to the satisfaction of the Juvenile Justice Board/ Court, Morena, with the condition that on all other subsequent dates of hearing, the petitioner- juvenile shall appear before the said Board or Court concerned during pendency of trial of the case and his guardian shall keep proper care of the delinquent juvenile- petitioner and keep him away from the company of known criminals.

Certified copy of this order be sent to the Juvenile Justice Board/Court concerned for information and compliance.

CC as per rules.