Mohd. Rasid vs The State of Madhya Pradesh

G.S. Solanki, J.—With the consent of learned counsel for the parties, the revision is heard finally. This revision petition has been preferred u/s 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act), being aggrieved by the order dated 19.06.2013, passed by Ninth Additional Sessions Judge, Jabalpur, whereby the appeal filed on behalf of applicant u/s 52 of the Act against the order dated 20.05.2013 passed by Juvenile Justice Board, Jabalpur in Criminal case No. 334/2013 rejecting the application filed on behalf of the applicant u/s 12 of the Act has been dismissed.

The facts, in short, are that applicant Mohammad Rashid is a juvenile, aged about 17 years is facing a trial before Juvenile Justice Board under Sections 294A, 324A, 506A and 307/34 of the I.P.C. wherein it is alleged against this applicant that he had assaulted Abrar and Anwar by knife. An application u/s 12 of the Act has been filed by Smt. Husna (mother of the juvenile) for releasing him on supurdiginama before Juvenile Justice Board. The same was dismissed by the board. An appeal u/s 52 of the Act has been preferred before the Sessions Judge and the same was dismissed vide order dated 19.06.2013, hence this revision.

Learned counsel for the applicant submitted that the trial Court as well as the appellate Court had committed illegality in dismissing the application on supurdiginama, filed on behalf of applicant/juvenile. He further submitted that the gravity of the offence could not be considered as ground for dismissal of the application, therefore, he prays for setting aside the orders passed by the courts below and release the juvenile on supurdiginama of his parent.

Learned Public Prosecutor for the State has opposed the application.

I have perused the impugned order alongwith the record of the case. It is true that applicant is facing a trial for the offence punishable under Sections 294A, 324A, 506A and 307/34 of the I.P.C., out of which the offence u/s 307 of the I.P.C. is a serious one but it well settled principle of law that seriousness of offence is not a ground for dismissal of the application u/s 12 of the Act. Nothing has been placed on record to show that on releasing the applicant, he may came in the contact of known criminals.

Considering the aforesaid aspect of the case, the application is allowed. The impugned order passed by the court below is hereby set aside. It is directed to the Juvenile Justice Board that the applicant be released on supurdiginama of Rs. 25,000/- (Rs. Twenty Five Thousand) by his mother Husna, wife of Mohammad Rashid with one surety in the like amount to the satisfaction of the Juvenile Justice Board for securing his presence before the said Board on all the dates of hearing fixed in this regard during trial. Certified copy as per rules.