LAWS(MPH)-2020-9-106

AARAF KHAN Vs. STATE OF MADHYA PRADESH

Decided On September 18, 2020
Aaraf Khan Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The applicant has preferred this revision application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (herein after referred to as the Act, for brevity) read with Sections 397 and 401 of the Code of Criminal Procedure, 1973 against order dated 8th May, 2020 (Annexure A/1) passed by 2nd Additional Sessions Judge, Ratlam, District Ratlam (MP) in Criminal Appeal No.69/2020, whereby order dated 29.04.2020 (Annexure A/2) passed by Principal Magistrate, Juvenile Justice Board, Ratlam in Criminal Case No.223/2019 has been affirmed by which a repeat application filed by the applicant under Section 12 of the Act for grant of bail was rejected.

(2.) It is an admitted fact that the applicant is aged about fifteen years; and he is a juvenile. The applicant was arrested on 25.09.2019 in the present crime; and he was produced before the Juvenile Justice Board, Ratlam, who send him to Remand Home. The applicant moved an application under Section 12 of the Act for grant of bail, which has been dismissed vide order dated 6th November, 2019 passed by the Principal Magistrate, Juvenile Justice Board, Ratlam (MP). Being dissatisfied with the aforesaid order, the applicant preferred Criminal Appeal No.168/2019 before the Sessions Court, which was also dismissed by 2nd Additional Sessions Judge, Ratlam vide order dated 15th November, 2019. These two orders were challenged by the applicant before this Court by filing Criminal Revision No.5835/2019; and the same was also dismissed vide order dated 5th February, 2020. Thereafter, the applicant filed another application for grant of bail under Section 12 of the Act and the same was rejected by the Principal Magistrate, Juvenile Justice Board, Ratlam on 29th April, 2020 in Criminal Case No.223/2019. The said order was challenged by the applicant before the Sessions Court i.e. 2nd Additional Sessions Judge, Ratlam (MP) by filing Criminal Appeal No.69/2020; and this appeal was dismissed on 8th May, 2020. Now, the aforesaid order (s) is subject matter of challenge before this Court in the present revision application.

(3.) Learned counsel for the applicant has submitted that the applicant is a minor boy aged 16 years of age and he is a student of Class-X. It is further submitted that the applicant is in custody since 25.09.2019 and he has already completed more than eleven months in Remand Home and there is no possibility of early conclu- sion of the trial pending against him. It is also submitted that although charges have been framed against the applicant; and the case is posted for recording statement of the prosecutrix and other witnesses. However, even after service of summons, the witnesses are not appearing before the Juvenile Justice Board; and due to COVIC-19 Pandemic, proceedings are held up before the Court below.