AMIT GIRI GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity, the 'Act of 2015') is directed against the order dated 5.1.2019 passed in Criminal Appeal No.540/2018, by the Second Additional Sessions Judge, Shivpuri (M.P.), whereby he has confirmed the order dated 17.12.2018 passed by the Principal Judge, Juvenile Justice Board, shivpuri (MP) rejecting the application of the petitioner-accused seeking his release on bail under Section 12 of the Act of 2015.

(2.) Facts of the case, as borne out from the record of the case are that on 11.9.2018 at about 10 am, the complainant and his son Shivam Gupta went to the shop situated at Tekri Wali Gali and his wise was alone in the house. At about 9 pm when they came back to home, Amit Giri Goswami vs. State of MP they found that Kiran (wife of the complainant) was lying dead. The gold-silver ornaments worn by his wife and kept in the house were also not found. The complainant lodged an FIR at Police Station Dehat, Shivpuri bearing Crime No.207/2018 for the offences punishable under Sections 302, 394 IPC and during investigation, offences punishable under Sections 201, 450, 120-B of IPC and Section 11, 13 of MP Davoity Avam Vyapharan Prabhavit Kshetra Adhiniyam (MPDVPK Act). The petitioneraccused was arrested and kept in Child Observation Home. The petitioner moved an application for bail under Section 12 of the Act of 2015 before the Principal Judge of Juvenile Justice Board, which was rejected vide order dated 17.12.2018. Against the said order the petitioner preferred a criminal appeal before the Second Additional Sessions Judge, Shivpuri, which was also dismissed vide order dated 5/1/2-19. Hence, this revision.

(3.) Learned counsel for the petitioner contended that the Additional Sessions Judge has committed an illegality in rejecting the prayer of the petitioneraccused for bail while dismissing his appeal. He placed reliance on some of reported/un-reported decisions of this court in the cases of Gir Raj vs. State of MP,2006 1 Vidhi Bhasvar 229]; Udham @ Dinesh v. State of M.P, 2006 2 MPWN 96, Rajkumar v. State of M.P, 2008 1 MPWN 94, Avadh Bihari Singh Chauhan v. State of M.P. (Cri.Rev.No.105/10), vide order dated 8/2/10 and Ramu @ Ravindra v. State of M.P. (Cri. Rev.No.222/11) vide order dated 27/4/11 of this Bench. On these submissions, it is prayed that the petitioner should also be extended the Amit Giri Goswami vs. State of MP benefit of grant of bail under Section 12 of the Act of 2015 and he be given in custody of his parents.