1 Cr.R.No. 2108/2021

HIGH COURT OF MADHYA PRADESH

BENCH AT GWALIOR

PRESENT

ANAND PATHAK, J.

( Criminal Revision No. 2108/2021 )

Vidhi ka Ulaghan Karne Wala Balak

Versus

State of M.P. & Anr.

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Shri Deependra Singh Kushwah, learned counsel for petitioner.

Ms. Kalpana Parmar, learned PL for respondent/State.

Shri Vijay Dutt Sharma and Shri Sanjay Kumar Sharma, leaned

Amici curiae.

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Whether approved for reporting : Yes

Law laid down:-

(i)

Section 1(4), 3,12 of Juvenile Justice (Care

and Protection of Children) Act, 2015 as well as

Rule 8 of Juvenile Justice (Care and Protection of

children) Model Rules, 2016 do not contemplate

release of Juvenile / Child in Conflict with Law

after completion of period extending half of the

maximum period of imprisonment, as per Section

436-A of Cr.P.C.

(ii)

Child in Conflict with Law cannot be treated

as under trial prisoner as contemplated under

Section 436-A of Cr.P.C. because arrest /

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confinement/ apprehension are not contemplated

in Juvenile Justice (Care and Protection of

Children) Act, 2015.

(iii) It is settled cannon of interpretation that a

particular provision which is to be constructed /

interpreted shall not be done in isolation but entire

scheme of the Act is to be seen.

(iv) Decision of Division Bench of this Court in

the matter of Ankesh Gurjar @ Ankit Gurjar Vs.

The State of M.P., 2021 (1) MPLJ (Cri) 403 is

referred and relied.

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O R D E R

(Passed on this 3^rd Day of March, 2022)

Present petition is a criminal revision under Section 102 of

Juvenile Justice (Care and Protection of Children) Act,2015 (for

brevity “the Act of 2015”) filed by the petitioner/Child in

Conflict with Law, against the order dated 14.10.2020 passed by

VIth Additional Sessions Judge (Special Judge), Bhind District

Bhind in Criminal Appeal No. 76/2020, whereby appeal preferred

by the petitioner has been dismissed and order passed by Juvenile

Justice Board, Morena has been affirmed.

2.

In the case in hand, it appears from the pleadings and

submissions that Child in Conflict with Law (CICL) is in

correction/remand home since 26.02.2020 and is facing

3 Cr.R.No. 2108/2021

proceedings before Juvenile Justice Board for alleged offence

under Section 376 of IPC and Section 5/6 of Protection of

Children from Sexual Offences Act. (hereinafter shall be referred

to as “POCSO Act”).

3.

Learned counsel for the petitioner prays for release of

CICL on the ground of period of retention in remand/correction

home, and raised the legal question that as per Provision of

Section 436-A of Cr.P.C. petitioner suffered more than two years

of incarceration, therefore, he ought to be released on bail

because maximum retention/detention for CICL in remand home

can be three years and since the petitioner has completed more

than half of the period of detention, therefore, his case be

considered for bail.

4.

For assistance of this Court, Shri Vijay Dutt Sharma,

learned counsel and Shri Sanjay Kumar Sharma, learned Govt.

Advocate, who were present in the Court room were appointed

as Amici Curiae and vide order dated 09.09.2021 following

questions were framed.

“1. Whether a child in conflict with law completes

more than one half of total period of retention of

three years in special home, then whether he is

entitled to avail the benefit of Section 436-A of

Cr.P.C.?

2.

Whether a child in conflict with law can be

treated as under trial prisoner as contemplated

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under Section 436-A of Cr.P.C.?

3.

Any additional submission related to this

qu