SANJAY GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the order dated 5-6-08 passed by IInd Additional sessions Judge, Ratlam in Criminal Appeal No. 122/08, whereby the learned sessions Court dismissed the appeal filed under Section 52 of the Juvenile justice (Care and Protection of Children) Act, 2000 which shall be reported as j. J. Act filed against the order dated 21-5-08 passed by Principal Judge, Juvenile court, Ratlam in Criminal Case No. 3765/06, whereby the learned Trial Court rejected the application for giving petitioner for Supurdagi to his uncle, hence the present petition has been filed.

(2.) SHORT facts of the case are that petitioner Sanjay s/o Ramchandra is being prosecuted for having committed offence under Sections 302, 147, 148, 149, 450, 307, 427, 325, 324 and 323 of IPC along with 15 other accused for an offence in which 4 persons were murdered and 5 persons were injured. Since the petitioner was Juvenile, therefore, the case of the petitioner was transferred to juvenile Court. Before the Juvenile Court an application was filed by Jagadish, uncle of the petitioner with a prayer to give the custody of Juvenile in Supurdagi. The application as well as appeal was rejected by the learned Court below against which this revision.

(3.) SHRI Ravi Varma, learned Counsel for the petitioner argued at length and submits that learned Court below committed error in dismissing the application filed by the petitioner. Learned Counsel draws the attention of this court to Section 12 (1) of the Juvenile Justice Act which reads as under:-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 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 any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The Trial Court has not where stated that on the release of the applicant it has likely to come into association with any know criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.