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Madhya Pradesh High Court · body

2008 DIGILAW 934 (MP)

Sanjay Gurjar v. State of M. P.

2008-07-29

N.K.MODY

body2008
ORDER 1. Being aggrieved by the order dated 5.6.2008 passed by II Additional Sessions Judge, Ratlam in Criminal Appeal No. 122/08, whereby the learned Sessions Court dismissed the appeal filed under section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which shall be reported as J.J. Act filed against the order dated 21.5.2008 passed by Principal Judge, Juvenile Court, Ratlam in Criminal Case No. 3765/06, hereby the learned trial Court rejected the application for giving petitioner for Supurdagi to his uncle, hence the present petition has been filed. 2. Short facts of the case are that petitioner Sanjay S/o Ramchandra is being prosecuted for having committed offence under sections 302, 147, 148, 149,450,307,427,325,324 and 323 of IPC along with 15 other accused for an offence in which 4 persons were murdered and 5 persons were injured. Since the petitioner was Juvenile, therefore, the case of the petitioner was transferred to Juvenile Court. Before the Juvenile Court an application was filed by Jagdish, uncle of the petitioner with a prayer to give the custody of Juvenile in Supurdagi. The application as well as appeal was rejected by the learned Court below against which this revision. 3. Shri Ravi Varma, learned counsel for the petitioner argued at length and submits that learned Court below committed error in dismissing the application filed by the petitioner. Learned counsel draws the attention of this Court to section 12 (1) of the Juvenile Justice Act which reads as under: "When any person accused of a bailable or non-bailable offence, and apparently ajuvenile, is arrested or detained or appears or is brought before a Board, such person ..,hall, 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." The trial Court has no where stated that on the release of the applicant it has likely to come 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. 4. 4. Learned counsel submits that keeping in view the aforesaid provisions of the Juvenile Act the application could have been rejected only on the ground 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. It is submitted that this aspect of the case at all has not taken into consideration while dismissing the application as well as appeal by the learned Court below. 5. Shri G.S. Chouhan, Government Advocate, learned counsel for the respondent supports the order and submits that in the facts and circumstances of the case, after taken into consideration ()f the eventualities, learned Courts below have rightly rejected the application as well as appeal filed by the petitioner. I, f 6. From perusal of the record it appears that the petitioner is involved in a criminal case where 4 persons were murdered and 5 persons were injured. The total number of accused are 16 including the petitioner. There is nothing on record to show the financial status of Jagdish, uncle of the petitioner. Similarly, there is nothing on record to show that in case the petitioner is given in the custody of Jagadish on Supurdaginama, then the life of petitioner will be in danger. In the opinion of this Court the impugned order passed by the learned Courts below are not in accordance with law. Keeping in view all the facts and circumstances of the case this petition is disposed of with a short direction that learned Court below shall decide the application afresh; after taking into consideration the financial status of the uncle of the petitioner. It is made clear that Jagadish will submit an affidavit, sworning herein that if the petitioner is given in Supurdagillama, the life of the petitioner will not be in danger. A report in this regard be also called from the P.S. Nahargarh Distt. Mandsaur. With the aforesaid observations, petition stands disposed of.