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2020 DIGILAW 1084 (MP)

Arvind Tiwari v. State Of Madhya Pradesh

2020-10-12

AKHIL KUMAR SRIVASTAVA

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JUDGMENT Akhil Kumar Srivastava, J. - Heard. Perused the case diary. 2. This revision application has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dated 20/08/2019 passed by the Ist Additional Sessions Judge, Satna in Criminal Appeal No. 123/2019; affirming the order dated 5/08/2019 passed by the Principal Judge, Juvenile Justice Board, Satna whereby the application filed by applicant under Section 12 of the Juvenile Justice Act has been rejected. 3. The applicant has been arrested in connection with Crime No. 107/19 registered at Police Station Nayagaon, District Satna for the offences punishable under Sections 395, 397 of IPC, section 11/13 M.P. Dacoity Act and section 25, 27 of the Arms Act. 4. It is alleged that the applicant along with other co-accused persons has committed dacoity and looted cash and motorcycle from the complainant. 5. The applicant appears to be aged 16 years. 6. Learned counsel for the applicant submits that the Courts below have rejected the application for grant of bail on the ground that if the applicant is released, he will come in contact with other accused and would try to influence the trial. It is submitted that under the scheme of Act of 2000, grant of bail is rule and rejection is permissible only for the reasons exhaustively enumerated in the provision itself. It is contended that the courts below without appreciating the evidence on record had passed the impugned orders. 7. It is alleged that at the time of incident the applicant was a juvenile. The role attributed by the prosecution to the applicant is very limited. 8. On the other hand, learned Panel Lawyer has supported the impugned orders and prayed for rejection of the revision on the ground that report of the Probation Officer dated 8/10/2020 is received on record. According to the said report juvenile has left the study after passing the 5th Class. On telephonic conversation, probationary officer has informed that juvenile was detained in the reformatory centre, Rewa from last one year but on 31/05/2020 he fled away from the centre and surrendered again on 6/07/2020. 9. I have heard the contention advanced by learned counsel for both the parties and perused the entire material available in the format PDF. On telephonic conversation, probationary officer has informed that juvenile was detained in the reformatory centre, Rewa from last one year but on 31/05/2020 he fled away from the centre and surrendered again on 6/07/2020. 9. I have heard the contention advanced by learned counsel for both the parties and perused the entire material available in the format PDF. The report of the probationary officer dated 8/10/2020 on record is completely against the aforesaid findings of the learned courts below and the courts below has not mentioned any material on the basis of which it is expressed that if the applicant is released, he may be exposed to the moral and physical and psychological danger or otherwise defeat the ends of justice. As per the report of Probation Officer, juvenile had fled away from the reformatory centre on 31/05/20 and surrendered on 6/07/2020 but overall conduct of juvenile is good and as per his report the supurdginama of juvenile can be given to his parents for his better future. 10. Considering the overall facts and the report of Probationary Officer, the impugned orders dated 20/08/2019 and 5/08/2019 are hereby set aside and the revision is allowed. 11. It is directed that if the guardian of present applicant Arvind Tiwari furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) and a solvent surety of the like amount to the satisfaction of the Juvenile Justice Board with an undertaking that the guardian will take care of the juvenile in conflict with law and also take care that he will not indulge in any kind of criminal activity, the custody of the applicant be handed over to his guardian. 12. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the applicant/juvenile is examined by the jail doctor before his release. If the Applicant/juvenile shows symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicant/juvenile is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence. 13. If the doctor is of the opinion that the Applicant/juvenile is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence. 13. This order will remain operative subject to compliance of the following conditions by the applicant :- (i) The applicant shall not tamper with the evidence or threaten the witnesses; (ii) The applicant through guardian shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present. In case of default of this condition, it shall be open to treat it as abuse of liberty of this release and pass orders in accordance with law; (iii) The applicant shall remain present on each date fixed, either personally or through his guardian. (iv) The Probation Officer shall submit a report after every three months about juvenile in conflict with law regarding his conduct, behaviour and overall activity to the Juvenile Justice Board. 14. It is further made clear that in case of breach of any of the conditions mentioned above, this order shall stand automatically cancelled and the applicant shall be sent back to the observation home. 15. Certified copy as per rules.