MINTU Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant-accused has filed the criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') being aggrieved by the order dated 7.8.2014 passed by the Court of IV Additional Sessions Judge, Chhatarpur in Criminal Appeal No. 253/2014 affirming the order dated 30.7.2014 passed by the Court of learned Principal Magistrate Juvenile Justice Board, Chhatarpur in Criminal Case No. 145/2014 dismissing an application filed by the applicant- accused under Section 12 of the Act for grant of bail.

(2.) As per the prosecution story, the applicant-accused alongwith co-accused person having common intention to commit murder of Shahid caused stab injuries to him by knife which resulted into his death. An FIR of Crime No. 212/2014, under Section 302 read with Section 34 of IPC was registered at Police Station, Chhatarpur. After investigation, charge-sheet has already been filed. An application under Section 12 of the Act was filed by the applicant-accused being a juvenile for grant of bail. The said application was dismissed vide order dated 30.7.2014 by the Principal Magistrate Juvenile Board, Chhatarpur. The Criminal Appeal No. 253/2014 filed by the applicant- accused was dismissed vide impugned order dated 7.8.2014.

(3.) Learned senior counsel assailing the legality and propriety of the impugned order and placing reliance upon the para 12 of the judgment dated 2.9.2013 passed by this Court in Criminal Revision No. 584/2013 (Kishore Kunwar Raj vs. State of M.P.) has submitted that the learned appellate court as well as the trial court both have committed an error of law in dismissing the application filed by the applicant-accused for grant of bail on the ground of heinousness of the offence. As per Section 12 of the Act, a juvenile delinquent should be normally released on bail unless any one of the three grounds which read as under: