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2014 DIGILAW 720 (MP)

Sachin Ahirwar v. State of M. P.

2014-06-25

G.S.SOLANKI

body2014
Judgment: G.S. Solanki, J. 1. Heard. This revision has been filed by the applicant through his legal guardian/mother Trivedi Bai under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act, 2000") being aggrieved by impugned judgment dated 15-2-2014 passed by Ninth Additional Sessions Judge, Jabalpur in Criminal Appeal No. 38/2014 affirming the order dated 31-1-2014 passed by the Principal Magistrate, Juvenile Justice Board, Jabalpur in Criminal Case No. 285/2013 whereby the application for releasing the applicant on Supurdginama, has been dismissed. 2. The facts, in short, giving rise to this revision are that juvenile Sachin Ahirwar was arrested in connection with Crime No. 370/2013 registered at P.S. Ghamapur, District Jabalpur for the offences punishable under Sections 302,147, 148 and 149 of the IPC and Section 25 of the Arms Act. After due investigation, he was charge-sheeted before Juvenile Justice Board. Thereafter, Triveni Bai, legal guardian/mother of juvenile Sachin preferred an application before Juvenile Justice Board for releasing him on Supurdginama, which was dismissed vide order dated 6-7-2013 passed in Criminal Case No. 676/2013, being aggrieved thereby an appeal (Criminal Appeal No. 118/2013) was preferred before Ninth Additional Sessions Judge, Jabalpur, which was also dismissed vide judgment dated 25-7-2013. Being aggrieved thereby, a revision (Criminal Revision No. 109/2014) was preferred before this Court, which was dismissed as withdrawn vide order dated 28-1-2014 with liberty to move a fresh application under Section 12of the Act, 2000 before the Juvenile Justice Board stating the ground that all other co-accused persons including one Juvenile have been granted bail on Supurdginama. In view of the liberty granted by this Court, an application was again preferred before Juvenile Justice Board, which was also dismissed vide order dated 31-1-2014. Being aggrieved thereby, an appeal was again preferred before the Sessions Court, which was also dismissed vide impugned judgment, hence this revision. 3. Learned Counsel for the applicant has submitted that the Courts below have erred in appreciating the facts on record. Similarly, placed co-accused juvenile Akhilesh has already been released on Supurdginama of his mother by the Appellate Court vide judgment dated 28-11-2013 and the case of present juvenile is on similar footing. 3. Learned Counsel for the applicant has submitted that the Courts below have erred in appreciating the facts on record. Similarly, placed co-accused juvenile Akhilesh has already been released on Supurdginama of his mother by the Appellate Court vide judgment dated 28-11-2013 and the case of present juvenile is on similar footing. The other co-accused, who are facing trial before the Sessions Court, have already been released on bail by this Court vide order dated 30-9-2013 passed in M.Cr.C. No. 11434/2013, therefore, the impugned judgment be set aside and applicant be released on Supurdginama of his mother. 4. Learned Counsel for the State has supported the judgment/order passed by the Courts below. 5. I have heard the learned Counsel for the parties at length and gone through the judgment/order passed by the Courts below. Applicant/juvenile Sachin is in remand home since 19-6-2013. Though, his previous applications filed under Section 12 of the Act, 2000 have been dismissed and appeals and revisions have also been dismissed, however, since his similarly placed co-accused juvenile Akhilesh and other co-accused persons have been released on Supurdginama/bail, therefore, in the changed circumstances on the ground of parity, the applicant has accrued fresh right for being released on Supurdginama. Thus, in my opinion, the Courts below have committed illegality in dismissing the application/appeal filed on behalf of the applicant. The Court must keep in mind that the Act, 2000 is a beneficial and social oriented legislation, which should be given full effect by all concerned whenever a matter relating to a delinquent child comes before them. 6. Consequently, this revision is allowed. Applicant Sachin Ahirwar is directed to be released on Supurdginama of his legal guardian/mother Triveni Bai in a sum of Rs. 10,000/- (Rupees ten thousand only) with one surety in the like amount to the satisfaction of Principal Magistrate, Juvenile Justice Board, Jabalpur for securing his presence before the said Court on all the dates of hearing fixed in this regard during the pendency of criminal case. Certified copy as per rules.