IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 28 OF MAY, 2024 CRIMINAL REVISION No. 1431 of 2024 BETWEEN:-

CHILD IN CONFLICT WITH LAW (JUVENILE)

.....APPLICANT (BY SHRI JITENDRA TIWARI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KOTWALI KATNI DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENT (BY SHRI S.M. PATEL - PANEL LAWYER)

This revision coming on for admission this day, the court passed the following:

ORDER

This revision petition has been preferred under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “J.J. Act, 2015”) against the appeal judgment dated rd st

13.03.2024 passed by the III Additional Judge to the Court of I Additional Sessions Judge, Katni (MP) in Criminal Appeal No.42/2024 whereby the appeal preferred against the order dated 09.03.2024 passed by the Principal Magistrate, Juvenile Justice Board, Katni in Case No.182/2018 arising out of Crime No.1609/2017 of Police Station Kotwali, Katni for commission of offence under Section 34(2) of M.P.

Signature Not Verified Signed by: ASHISH KUMAR Excise Act rejecting the bail application of the child in conflict with law (juvenile) has been affirmed.

2. As per the allegation, on 30.11.2017 at around 10:30 pm, applicant/child in conflict with law (juvenile) was found in possession of 15 litres country made mahua liqour. Case was registered. After arrest, he was given on supurdagi, but after his release on bail/supurdagi, he failed to turn up before the Juvenile Justice Board. On account of his failure to appear before J.J. Board, arrest warrant was issued against him and in pursuant to arrest warrant, he was arrested on 09.03.2024 and was produced before Juvenile Justice Board, Katni which dismissed his application to handover/release him on supurdagi and remanded him to the place of safety at Seoni.

3. Learned Appellate Court as well as learned Juvenile Justice Board have dismissed the bail application on the ground that applicant/child in conflict with law (juvenile) did not appear before the Juvenile Justice Board since 08.05.2019. As he remained absent for last five years, therefore, it is necessary to keep him in place of safety for sometime for reformatory purpose.

4 . Learned counsel for the applicant has submitted that applicant's mother is ready to take him on supurdagi. He is in safety home for last two months. He has learnt sufficient lesson for his absence before the Juvenile Justice Board. Therefore, it is prayed that one more opportunity may be given to the applicant/child in conflict with law (juvenile) to remain on bail/supurdagi as his mother is ready to take his responsibility and to produce him before Board on all the dates fixed by it.

5. On the other hand, learned counsel for the State has opposed the Signature Not Verified Signed by: ASHISH KUMAR prayer for grant of bail.

6. I have heard learned counsel for the parties at length and have gone through the orders passed by the Courts below.

7. Applicant/child in conflict with law (juvenile) was found in possession of 15 litres country made mahua liqour. He was released on bail/supurdagi, but due to his absence, arrest warrant was issued against him and considering his long absence from the Juvenile Justice Board, his bail application has been dismissed. Applicant/child in confilct with law (juvenile) is in safety home for last more than two months. There is nothing on record that he has any criminal background. There is no report that if he is released on bail or given on supurdagi to his mother, his release is likely to bring him into association with any known criminal, or expose him to moral, physical or psychological danger, or that his release will defeat the ends of justice. Both the Courts below have not recorded any such findings. His mother is ready to give an undertaking that if juvenile is released on bail/supurdagi, she will keep him in her custody and will take pr