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2017 DIGILAW 1187 (MP)

Ashish @ Golu v. State of M. P.

2017-11-20

RAJEEV KUMAR DUBEY

body2017
ORDER 1. This revision has been filed under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 assailing the order dated 4.9.2017 passed by Seventh Additional Sessions Judge, Jabalpur in Criminal Appeal No.322/2017, whereby the order of Principal Judge, Juvenile Justice Board, Jabalpur dated 18.7.2017 rejecting the application for release of the applicant/Juvenile in conflict with law has been affirmed. The present applicant has been arrested on 10.7.2017 in Crime No.571/2017 registered at Police Station Ghamapur, Jabalpur for offence under sections 307, 394, 397, 34 of IPC and section 25 of Arms Act. 2. As per prosecution story, on 8.7.2017 at 10.45 p.m. when complainant’s son namely Aman Prajapati was going to his house, on the way, the applicant along with other co-accused persons namely Golu Kol, Nitin Patel and Mohan Patel stopped him and assaulted him by knife and also looted Rs.12000-15000/- from him. On that, police registered Crime No.571/2017 against the present applicant and other co-accused persons and arrested the applicant and filed charge sheet before Juvenile Justice Board, Jabalpur. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case. The applicant is in remand home since 10.7.2017. The applicant will be properly taken care by his guardian. There is no chance of him falling into the company of known criminal or exposed to moral, physical or psychological danger or that his release would defeat the ends of justice. So he be released. 4. Learned counsel for the respondent/State opposed the revision for release of Juvenile in conflict with law. 5. Although the trial Court as well as appellate Court rejected the prayer of releasing Juvenile in conflict with law stating that if the applicant is released on bail, it is likely to bring him in the association of the known criminals or it would expose him to any moral, physical or psychological danger. But the same does not appear from Probationary Officer’s report dated 12.11.2017 produced by the learned counsel for the State. On the contrary, in the report it is mentioned that applicant has no previous criminal record. The applicant is in remand home since 10.7.2017. Therefore, looking to the fact and circumstances of the case and report of Probationary Officer, it is appropriate that custody of the applicant be handed over to his guardian, hence the revision is allowed. 6. On the contrary, in the report it is mentioned that applicant has no previous criminal record. The applicant is in remand home since 10.7.2017. Therefore, looking to the fact and circumstances of the case and report of Probationary Officer, it is appropriate that custody of the applicant be handed over to his guardian, hence the revision is allowed. 6. It is directed that if the father/guardian of the present applicant furnish a personal bond in the sum of Rs.40,000/- (Rupees Forty thousand only) and a solvent surety in the like amount to the satisfaction of the Juvenile Justice Board, Jabalpur with an undertaking that the father/guardian will take care of the juvenile in conflict with law and also take care that he will not indulge any kind of criminal activity, the custody of the applicant/juvenile in conflict with law be handed over to his guardian. Accordingly, this revision petition is disposed of. Manas Mani Verma for applicant; Akhilesh Singh, Government Advocate for respondent/State.