Trilok Chand @ Chhotu Nirmalkar Juvenile v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 795 of 2015
1. Trilok Chand @ Chhotu Nirmalkar (Juvenile) S/o Ram Singh Nirmalkar, aged about 15 years, R/o Village Seonikala, Post Office & Police Station - Kurud, Tahsil - Kurud, District - Dhamtari (CG) Through his legal/natural guardian Father Ram Singh Nirmalkar S/o Late Guhari Nirmalkar, aged about 40 years, R/o Village - Seonikala, Post Office & Police Station - Kurud, Tahsil Kurud, District Dhamtari (CG) ---- Applicant
Versus
1. State of Chhattisgarh through Station House Officer, Police Station Kurud, District Dhamtari, CG ---- Respondent For Applicant:
Shri Shivendu Pandya, Advocate For Respondent/State:
Shri Avinash K. Mishra, PL Order On Board by Pritinker Diwaker, J /11/2015 This revision petition has been filed by the applicant against the order dated 21.7.2015 passed by Sessions Judge, Dhamtari, in Criminal Appeal No. 79/2015 dissmissing the appeal preferred by him against the order dated 24.6.2015 passed by the Juvenile Justice Board, Dhamtari in Criminal Case No. 03/2015. 2.
As per the case of prosecution, on 28.1.2015 the applicant along with other accused persons took deceased Lucky Sen to an isolated place and committed his murder, for which the offence under Sections 363, 201 and 302/34 has been registered against him. 3.
Counsel for the applicant submits that both the Courts below have erred in law in rejecting the bail application by order dated 24.6.2015 as also the appeal filed by the applicant, by order dated 21.7.2015. He submits that the provisions of Section 12 of the Act of 2000 have been completely ignored by both the Courts below.
According to the counsel for the applicant the report of the Probation officer does not indicate anything agianst the applicant, rather it says that the applicant belongs to an extremely poor family; that the financial condition of his parents is very bad; that he needs family support which is not available in the Reform Home; that the atmosphere prevailing in Reform Home may have adverse impact on his health; that he is good at studies and keeps discipline; that he does not have any criminal history against him, and that his release would be very much necessary for ensuring his better future. According to the counsel for the applicant, the report of the Probation Officer nowhere says that release of the applicant on bail would expose him to moral, physical or psychological danger or bring him into association with any known criminal.
4.
State counsel however supports the orders impugned passed by the Courts below and submits that the application for release of the applicant on bail and then the appeal preferred subsequently have rightly been dismissed and there is no infirmity or illegality in the same.
5.
Heard counsel for the parties and perused the documents on record.
6.
Before drawing any conclusion regarding correctness or otherwise of the orders impugned, glance of the relevant provisions such as Section 12 of the Act of 2000 becomes necessitous, which is reproduced as follows:
"Section 12 : Bail of Juvenile. - (1) When any person accused of a bailable or non bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force be released on bail with or without surety [ or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the
release is likely to bring him into association with nay known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub-section (1) by the officer in charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
(3) When such person is not released on bail under subsection (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."
A bare reading of section 12 (1) makes it clear that any person accused of a bailable or non bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force be released on bail with or without surety. It further says that such person shall not be so released if there appear reasonable grounds for believing that the 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 would defeat the ends of justice.
7.
Similarly, Section 13 of the Act of 2000 reads as under: "13.
Information to parent, guardian or probation officer.- Where a juvenile is arrested, the officer incharge of the police station or the special juvenile police unit to which the juvneile is brought shall, as soon as may be after the arrest, inform- (a) the parent or guardian of the juvenile, if he can be found of such arrest and direct him to be present at the Board befor ewhich the juvenile will appear; and (b) the probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making the inquiry."
8.
In the case in hand the report of the probation officer says that
the applicant hails from a very poor financial back ground but still believes to live in an disciplined atmosphere guided by religious norms and keeping in mind his future prospects he release would be utmost necessary. Report further says that to bring in improvement the applicant needs familial atmosphere and parental support which is lacking in the Reform Home. It however does not indicate anything against the applicant rather it says that his release would be in his betterment. The report nowhere says that if the applicant is released on bail, he would come into association with any known criminal or it would expose him to moral, physical or psychological danger or it would defeat the ends of justice.
9.
Thus considering the facts and circumstances of the case and the report of the Probation Officer, present revision is allowed. Orders impugned are hereby set aside. Applicant is directed to be released on bail on his guardian or parents furnishing a bond in the sum of Rs. 10,000 with one surety for the like sum to the satisfaction of the concerned Juvenile Justice Board. The applicant is directed to appear before the said Board on all the dates as are given to him. 10.
Revision allowed.
Sd/- (Pritinker Diwaker) Judge Jyotishi