Komal vs The State of Madhya Pradesh

G.S. Solanki, J.—With the consent of the parties, heard finally. The applicant has preferred this criminal revision u/s 53 of the Juvenile Justice (Care And Protection of Children) Act, 2000 (hereinafter referred to as ''Juvenile Justice Act'') being aggrieved by the order dated 26.2.2013 passed in Criminal Appeal No. 33/2013 by First Additional Sessions Judge, Balaghat whereby the appeal filed on behalf of father of juvenile has been dismissed after affirming the order of refusal of releasing juvenile (applicant) on supurdginama.

The facts, in short, giving rise to this criminal revision are that applicant has been arrested in connection with Crime No. 33/2012 for offence punishable under Sections 276(2-chha), 323, 506-B/34, 363 and 366-ka of IPC and sent him to Juvenile House, Seoni. Thereafter, father of the juvenile/applicant filed an application for supurdginama of his son before the Juvenile Justice Board but same was rejected on 8.2.2013 by the Chief Judicial Magistrate, Balaghat on the ground of gravity of offence. Being aggrieved thereby, an appeal u/s 52 of the Juvenile Justice Act was preferred by the applicant, which was also dismissed vide impugned order dated 26.2.2013, hence this revision.

Learned counsel for the applicant has submitted that the trial Court as well as the Appellate Court have committed illegality in dismissal of the application on the ground of gravity of offence. It is further submitted that report of Probation Officer (Pariveksa Adhikari) wherein it is stated that applicant was not involved in the aforesaid crime. The applicant has no criminal background. He is a labour. Learned counsel further submits that gravity of offence is no ground for rejection of Supurdginama, therefore, he prays for release of the applicant on Supurdginama.

Learned Public Prosecutor for the State has supported the impugned judgment passed by the Courts below.

I have heard the learned counsel for the parties at length and gone through the impugned order passed by the Appellate Court.

Considering the overall facts and circumstances of the case along with the report of Probationary Officer, I am of the considered view that Courts below have committed illegality in dismissal of the application.

Consequently, this revision is allowed. The applicant Komal S/o Kisanlal is directed to be released on bail on furnishing the supurdginama of his father Kisanlal in a sum of Rs. 30,000/- with one solvent surety in the like amount to the satisfaction of Principal Magistrate, Juvenile Justice Board, Seoni for securing his presence before the said Court on all dates of hearing fixed in this regard during the pendency of the criminal case pending before the Juvenile Justice Board.

C.C. as per rules.