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2008 DIGILAW 720 (MP)

Vinod v. State of M. P.

2008-06-12

N.K.MODY

body2008
JUDGMENT 1. Both parties heard. 2. Being aggrieved by the judgment dated 2.6.2008 passed by Sessions Court, Ujjain in Cr.A. No. 244/08, whereby the appeal filed by the petitioner under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act') was dismissed by the Juvenile Court vide order dated 9.5.2008 passed in Case No. 168/ 08, present petition has been filed. 3. Short facts of the case are that the petitioner was booked in an offence alleged to have been committed under sections 376 (2) (g), 450 and 506 of IPC. The case was registered as Crime No. 77/08. An application filed by the father of the petitioner for his custody who was aged 17 years at the time of commission of the alleged offence was dismissed against which the appeal was filed, which was also dismissed, hence this revision petition. 4. Learned counsel for the petitioner submits that the learned Courts below committed error in dismissing the application and appeal. 5. Counsel for the State supports the order passed by learned Courts below. 6. Section 12 (1) of the Act, which relates to bail of juvenile reads as under: "12 (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." 7. From perusal of the record it appears that the application has been dismissed on the ground that father of the petitioner is having no control over the petitioner. In case the petitioner is released on bail, then petitioner shall remain involved along with anti-social elements. 8. There is nothing on record on the basis of which it can be said that the apprehension of learned Courts below was just and proper. The petitioner is juvenile. 9. In case the petitioner is released on bail, then petitioner shall remain involved along with anti-social elements. 8. There is nothing on record on the basis of which it can be said that the apprehension of learned Courts below was just and proper. The petitioner is juvenile. 9. In the facts and circumstances of the case this Court is of the view that the learned Courts below committed error in dismissing the applications filed by the petitioner. 10. In view of this the revision petition filed by the petitioner stands allowed. The judgment dated 2.6.2008 passed by Additional Sessions Judge, Ujjain Cr.A. No. 244/08 and the order dated 9.5.2008 passed by Juvenile Court stands set aside. The revision petition is disposed of with a direction that upon furnishing the surety of Rs. 25,000/- to the satisfaction of the concerning Court by the father of the petitioner, the petitioner be released on bail and be given in the custody of his father, for his appearance before the Juvenile Court on all dates of hearing as may be fixed in this behalf by that Court during the pendency of trial.