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2023 Supreme(Online)(TEL) 585

HON(cid:146)BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11043 OF 2022

ORDER:

1. The petitioners, who are children in conflict with law are questioning the cancellation of bail granted to them in an offence of murder vide order in Crl.M.P.No.962 of 2022 in Cr.No.100 of 2022 passed by V Additional Metropolitan Magistrate cum-Principal Magistrate of Juvenile Justice Board.

2. The case of the prosecution is that one Jagadish Prasad Panwar, S/o.Ram Bagar Panwar filed complaint stating that he has two grandsons namely Neeraj Panwar and Harsh Panwar. Neeraj Panwar married one Sanjana without the consent of elders and they were blessed with a baby boy and staying at Falaknuma. Sanjana(cid:146)s family members did not accept the marriage and developed animosity against Neeraj Panwar. On 20.05.2022, when he along with Neeraj were going on a bike, Sanjana(cid:146)s cousin brother Vijay Yadav and his friends attacked them with knives and boulders. Neeraj Pawar received bleeding injuries and while undergoing treatment in Osmania Hospital, he expired. The names of these petitioners are not stated in the FIR. However, during the course of investigation, these petitioners were arrested as being part of members who attacked said Neeraj Panwar and caused his death.

3. Bail was granted by the Juvenile Justice Board to these petitioners on 09.07.2022 in Crl.M.P.No.562 of 2022.

4. On 16.09.2022 a complaint was filed by Jagadish Prasad Panwar stating that these petitioners, who were released on bail, are openly roaming in the locality with their friends. After their release, they were being treated as guests in the locality and they are frequently moving near his house. The other accused at the time of Test Identification parade threatened him and these petitioners roaming in the locality is causing apprehension and danger to him since these petitioners and others have committed murder of his grandson.

5. On the basis of the said complaint, the police registered FIR under Section 195A and 506 of IPC. Having registered the said complaint the police filed petition vide Crl.M.P.No.962 of 2022 narrating the facts of murder case and also stated in the petition that these petitioners were threatening the witnesses and consequently violating the orders of Juvenile Board granting bail. There is chance of tampering with the evidence and threatening the witnesses, on account of their activities, which also amount to adversely affecting public peace and order. The Inspector further submitted that stringent steps have to be taken for maintenance of public order, for which reason, bail granted to these petitioners should be cancelled.

6. On the basis of the said petition filed by the Inspector of Police, the Juvenile Justice Board having heard both the parties passed orders on 14.11.2022 canceling the bail granted to the children in conflict with law/petitioners herein.

The relevant paragraphs of the impugned order are as follows:

(cid:147)9. As per the complaint in FIR.213/2022, the CCL(cid:146)s are roaming freely in the locality and are threatening him and there is threat to his life from them. On perusal of record it is seen that complainant and the CCL(cid:146)s reside in the same locality. Naturally, when such grave allegation of murder is leveled and both the groups are residing in the same locality, there will be lot of animosity between them. Even, the Inspector of Police alleges that due to the CCL(cid:146)s presence in the locality public order and peace is adversely affected. Such environment is not safe even for the CCL(cid:146)s as there could be retaliation against the CCL(cid:146)s by the other group. From the above facts and circumstances, it is clear that the present environment in which the CCL(cid:146)s are now residing is not physically and psychologically safe for them.

10. Therefore, in the safety and in the best interest of the CCL(cid:146)s and to serve ends of justice, this Board decides to cancel the bail granted to the CCL(cid:146)s as prayed for.(cid:148)

7. The Juvenile Board, mainly on the ground that the

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