Shivam vs State Of Madhya Pradesh And Another

This criminal revision under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 (for short "Act of 2015") filed on behalf of petitioner- Shivam (since minor) through his legal guardian (father) Indra Singh Jatav against the order dated 13.09.2019 passed by First Additional Judge to the Court of First Additional Sessions Judge, Bhind in Criminal Appeal No.136/2019; whereby, appeal preferred by petitioner under Section 101 of the Juvenile Justice (Care & Protection of Children) Act, 2000 has been dismissed and order passed by Juvenile Justice Board dated 28.08.2019 rejecting the application of the petitioner under Section 12 of the Act has been affirmed. By the order of the Juvenile Board dated 28.08.2019, the application of the petitioner under Section 12 of the Act for release of the petitioner on bail bond of his parents was rejected.

It is the submission of learned counsel for the petitioner that the main allegation is against the co-accused Suraj and present petitioner is suffering confinement since 21.08.2019. He is juvenile and proceedings under the relevant provisions of the Juvenile Justice (Care & Protection of Children) Act, 2015 shall be ensured against the petitioner. He further referred the social audit report of child in conflict with law prepared by Probationary Officer. It is further submitted that the petitioner does not bear any criminal record and has been falsely implicated. Report of Legal-cum-Probationary Officer (District Child Protection Officer, Bhind) indicates that petitioner is not aggressive in nature and has interest in religious and social activities. Over all social condition and surroundings of the revisionist, is conducive to be released on bail. He is aged about 17 years and has a long future which may be spoiled if detained for longer period. He undertakes to cooperate in trial and could not be a source of harassment or embarrassment to the complainant party in any manner. He would move in the vicinity of complainant party. He also undertakes to perform some community service to purge his misdeeds.

Learned counsel for the State opposed the prayer and prayed for rejection of this criminal revision.

Heard learned counsel for the parties and perused the case diary. Looking to the fact situation of the case and looking to the report of Probationary Officer and the fact that petitioner is minor and his father is ready to take care of his child and would try to make his future bright and appreciating such undertaking and efforts to be pressed into service by the father of petitioner, without commenting on the merits of the case, this court inclined to release the petitioner on bail. Accordingly, this revision is allowed and it is directed that on furnishing personal bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Juvenile Justice Board by father / legal guardian of the petitioner, custody of petitioner be handed over to him (father) with the clear stipulation to produce him before the Investigating Officer/trial Court as and when required.

However, the aforesaid grant of bail shall be subject to the condition that petitioner shall plant 10 saplings (either fruit bearing trees or Neem/ Peepal) alongwith tree guards or has to make arrangement for fencing for protection of the trees because it is the duty of the petitioner not only to plant the saplings but also to nurture them. ** o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gS A**

He shall plant saplings/ trees preferably of 6-8 ft., so that they would grow into full fledged trees at an early time. For ensuring the compliance, he shall have to submit all the photographs of plantation of trees/ saplings before the concerned trial Court alongwith a report within 30 days from the date of release of the petitioner.

It is the duty of the trial Court to monitor the progress of the trees because human existence is at stake because of the environmental degradation and Court cannot put a blind fold over any casualness shown by the petitioner regarding compliance. Therefore, trial Court is directed to submit a report regarding progress of the trees and the compliance made by the petitioner by placing a short report before this Court every quarterly (every three months), which shall be placed under the caption "Direction" before this Court.

Any default on behalf of petitioner in plantation or caring of trees shall disentitle the petitioner from enjoying the benefit of bail.

The petitioner shall be at liberty to plant these saplings/ trees at an place of his choice, if he intends to protect the trees on his own cost by providing tree guards or fencing.

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.

"It is not the question of Plantation of a Tree but the Germination of a Thought."

Revision stands allowed and disposed of.