The court emphasized that the seriousness of the offence cannot solely justify denial of bail for a child in conflict with law, prioritizing rehabilitation and accurate reporting by the Probation Officer.

JUDGMENT :

Heard on IA No.8785/2024, which is the second application for suspension of jail sentence filed under section 389 of Cr.P.C.

2. The present appeal is filed under Section 101 of the Juvenile (Care and Protection of Children) Act, 2015 (hereinafter referred as Act) against the order of conviction under Section 302 of IPC for 7 years RI with fine of Rs.3000/-, in default of payment of fine, 3 months RI; under Section 201 of IPC for 3 years RI with fine of Rs.2000/-, in default of 2 months RI passed by 4th ASJ, Juvenile Court, Dist. Shajapur by judgment dated 21.12.2023 in SPST No.41/2021 arising out of Crime No. 171/2021.

3. The earlier application for suspension of sentence was rejected by the order dated 10.04.2024, considering the report of the Probation Officer in which it was stated that the applicant’s father works as a chowkidar and has a habit of consuming alcohol, while the applicant’s mother is a housewife, both of whom are unable to look after him. Additionally, the applicant has an unmarried sister, Shivani. The report also reflects that the applicant is unemployed and faces financial difficulties, with the family consisting only of his parents and unmarried sister. Considering the same, the application was rejected on the ground that there is no adult member in the family to have proper supervision and control over the child in conflict with the law (In short ‘CICL’)

4. The present application is filed on the ground that the said order was passed on the basis of the report of the Probation Officer and on consideration of the seriousness of the offence committed by the applicant. He argues that the said report was incorrect stating that the applicant is unemployed. Alongwith the application, he has filed a letter issued by the employer R.K Kitchen Mansion certifying that the applicant was employed with them from 31.12.2021 to 19.12.2023 and was earning. Thus the report of the Probation Officer was incorrect and the seriousness of the offence or manner of commission of offence alone cannot be sole consideration for considering an application for bail or suspension of sentence. In support of his submission he referred to the decision of this court in the case of Criminal Revision No.755/2023 Mahesh Rao V. State of Madhya Pradesh, Dated 21/03.2023. Therefore the case of the applicant for Suspension of Sentence/ Bail requires reconsideration.

5. Considering the said certificate, an explanation was sought from the Probation Officer as to how the aforesaid fact was incorrectly mentioned in the earlier report. The Probation Officer submitted his explanation before this Court vide communication dated 04.09.2024 stating that while submitting the said report, he visited the house of the applicant and after collecting the information from the family members and neighbors, the said information was given in the report that he was not employed anywhere. No information was supplied regarding employment of the applicant and therefore in an earlier report, the column for employment was left blank.

6. Per contra, counsel for the State submits that the earlier application was rejected after due consideration of the Probation Officer's report, the seriousness of the offence, and the manner of its commission; hence, no case is made out for the grant of suspension of jail sentence/bail.

7. I have heard learned counsel for the parties at length, and after hearing them, the following issues arise for consideration:

i. When the child becomes an adult during the pendency of trial/appeal what should be the consideration for grant of bail/ suspension of sentence.?

ii. Whether the application will be considered on merits means gravity and manner of commission of offences irrespective of the report of Probation Officer or report of the probation officer will be relevant consideration?

iii. Whether the provisions of the Act or the provisions of the Cr.P.C. shall apply for the consideration of bail / Suspension of Sentence to the CICL?

8. In order