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Madhya Pradesh High Court · body

2016 DIGILAW 235 (MP)

Prashant Mishra v. State of M. P.

2016-03-14

C.V.SIRPURKAR

body2016
ORDER : C.V. Sirpurkar, J. This criminal revision is directed against the order dated 24.08.2015 passed by Sessions Judge, Tikamgarh, in criminal appeal No. 184/2015 under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter referred to in this order as the "the Act"), whereby learned Sessions Judge had declined to grant bail to juvenile in conflict with law and release him in the custody of his mother. 2. The juvenile in conflict with law was admittedly 16 years old on the date of offence. As per prosecution case, at around 09.00 p.m. on 30.06.2015., victim Kailash Rajak was returning home after working in the house of mother of the juvenile. When he reached the house of Bablu Mishra, the juvenile, who appeared to be intoxicated, asked him to give Rs. 50/- for buying liquor. When the complainant refused to part with money, the juvenile filthily abused him and inflicted a blow with knife on his neck, resulting in bleeding. The juvenile also threatened kill him because he was not giving him money. Vinod Rajak and Pradeep Rajak intervened and rescued the victim form the clutches of the juvenile. The victim lodged FIR against the juvenile; whereon a first information report under Sections 324, 294, 327, 506 of the IPC was registered. 3. The application was moved on behalf of the juvenile under Section 12 of the Act for bail, which was dismissed by learned Principal Magistrate, Juvenile Justice Board, Tikamgarh, observing that though, the gravity of the offence is not relevant while considering the application for bail to a juvenile in conflict with law, on the basis of report of Probation Officer, it was clear that the guardians of the juvenile do not exercise any disciplinary control over his activities. The juvenile is addicted to various kinds of intoxicants and indulges in criminal activities to raise money for aforesaid purpose. Learned Magistrate further observed that in aforesaid circumstances, if the juvenile is released on bail, he would land himself moral, physical and psychological danger; therefore, his application for bail was rejected. 4. The order of the Principal Magistrate of Juvenile Justice Board was challenged in appeal under Section 52 of the Act, which was dismissed by impugned order. Learned Magistrate further observed that in aforesaid circumstances, if the juvenile is released on bail, he would land himself moral, physical and psychological danger; therefore, his application for bail was rejected. 4. The order of the Principal Magistrate of Juvenile Justice Board was challenged in appeal under Section 52 of the Act, which was dismissed by impugned order. Learned Sessions Judge relied upon the judgment rendered by this Court in the case of Inder Singh v. State of M.P. Dated 21.11.2014 passed in Cr.R. No. 838/2014, Vikki Singh v. State of Chhattisgarh, 2006 Cr.L.J. 1892 and Sandeep v. State, 2005(4) R.C.R. (Criminal) 199 : 2005 Cr.L.J. 3182 and dismissed the appeal, upholding the reasoning of Learned Principal Magistrate, Juvenile Justice Board. 5. Learned counsel for the revision petitioner has assailed the impugned judgment on the ground that learned Sessions Judge totally ignored the fact that the offence is not a serious one. In fact it only falls under Section 324 of the IPC. As per the final report, the offence under Section 307 of the IPC was added on the advice of superior Police Officers. It has further been submitted that the juvenile has been in custody for past 8 months and it would not be conducive to his moral and psychological well being to keep him confined in a remand home for an indefinite period. 6. In view of the aforesaid legal position, reverting back to the facts of the case at hand, one may see that alleged offence may not be termed as heinous; however, what is relevant for the purpose of bail is the manner in which it was committed and social and domestic background of the juvenile as also his mental and psychological disposition and his proclivities. 7. The juvenile is alleged to have assailed the victim with knife because he refused to give him money for buying liquor. At the time of offence, he was already under the influence of some intoxicant. The report dated 11.07.2015 submitted by the Probation Officer is also revealing. It is stated in no uncertain terms therein that the father and the parental grand-mother of juvenile had expired in a motor accident on 15.11.2011; however, even before the aforesaid incident, juvenile had run away from his home and lived in places like Delhi, Meerut etc. The report dated 11.07.2015 submitted by the Probation Officer is also revealing. It is stated in no uncertain terms therein that the father and the parental grand-mother of juvenile had expired in a motor accident on 15.11.2011; however, even before the aforesaid incident, juvenile had run away from his home and lived in places like Delhi, Meerut etc. After the death of his father and grand-mother, he returned home; however, during his stay away from home, he had become addicted to intoxicants. He consumes various kind of intoxicants like Ganja, Whitener ink etc. He even goes to the extent of rubbing the paste used for repairing puncture on a piece of cloth and inhales the odour for getting his kick. For the purpose of buying these intoxicants, he needs money and for raising the same, he sells the house-hold goods and takes money from the boys and villagers. He beats up people when they refuse to part with money. He is considered by the villagers to be short-tempered and disobedient. His conduct was not considered to be good. His mother also discloses that he is not socially adaptable and mostly stays alone in his room, he doesn't meet people. After the death of his father, he is looked after by his parental grand-father and mother; however, they are unable to exercise any kind of disciplinary control over him. In order to indulge in his addiction of intoxication, he even man handles his grand-father and mother and misbehaves with them. 8. In the opinion of the Probation Officer, his rehabilitation in the family may lead to further development of criminal tendencies in the juvenile and if he is restored to his family he may, in all probability, expose himself moral, psychological and physical dangers. 9. In view of the report of the Probation Officer and the circumstances under which the offence is alleged to have been committed, it appears that in the case of his release on bail, the juvenile would expose himself to moral, psychological and physical dangers because it is obvious that he is addicted to various kinds of intoxicants and is more than likely to indulge in criminal activities to raise money. His guardians i.e. mother and the grand-father are clearly not in a position to exercise any disciplinary control over him. His guardians i.e. mother and the grand-father are clearly not in a position to exercise any disciplinary control over him. If he indulges in criminal activities to raise money for buying liquor etc., the victims may be inclined to retaliate at some point, putting the juvenile in physical danger. In aforesaid circumstances, it would not be in the interest of justice to release the juvenile on bail just yet, regardless of the fact that he has already spent 8 months in remand home. However, simply denying the bail to the juvenile is not the way out. His stay in the observation home should be utilized for the purpose of de-addiction and reformation. He needs to be cured of his addiction, if possible, and properly counseled with a view to reclaim him as a useful member of the society. 10. In aforesaid circumstances, this application for grant of bail to the juvenile and for releasing him in the custody of his mother is dismissed. The petitioner shall be free to renew the prayer after the expiry of a period of three months in the event the case against him is not disposed of till then. Meanwhile, proper counseling shall be arranged for him and necessary steps for curing him of his addiction to intoxicants shall be taken. 11. It has been informed that proper facilities for aforesaid purpose are not available at Tikamgarh. Though, such facilities at Sagar at distance of 119 Kms are available; therefore, the Superintendent of Observation Home at Tikamgarh is directed to transfer the juvenile to the Observation Home at Sagar. It shall be the responsibility of the Superintendent of the Observation Home at Sagar: (i) to produce the juvenile before the J.J.B. at Tikamgarh on all dates of hearing; (ii) to arrange for suitable counseling of the juvenile with a view to curb his criminal proclivities; (iii) to take necessary steps towards curing of the juvenile of his addiction to intoxicants. The monthly progress report of the juvenile on the first date of every month, shall be submitted by the Probation Officer at Sagar to the Principal Magistrate, Juvenile Justice Board, Tikamgarh, who shall be free to pass such orders in the interest of juvenile as may be deemed necessary, in order to attain aforesaid twin objectives.