IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 864 OF 2009 CRIMINAL APPLICATION NO. 864 OF 2009 CRIMINAL APPLICATION NO. 864 OF 2009 Atul Mohan Pawar (Boy Juvenile-B/J) ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kiran J. Kandpile for the Applicant. Mr.Rajesh More, APP for the State. Mr.Dattatray S. Mane for Original Complainant. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : APRIL 3, 2009 DATED : APRIL 3, 2009 DATED : APRIL 3, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant, APP for the State and Counsel for the complainant. 2. The applicant is a juvenile against whom an offence under Section 376 of the IPC has been registered. The application was made for bail. It was submitted that the applicant was appearing for 10th standard examination which was to commence from 25th February, 2009 and therefore, he be permitted to appear for the said examination. Accordingly, temporary bail was granted to the applicant and the said temporary bail is continued till today. While passing the order it was made clear that the application for regular bail would - 2 - be considered after the examination of the applicant was over. I had asked the person incharge of the Child Observation Home to submit a report about the observations of Psychologist or a Psychiatrist or a counsellor. 3. Accordingly, the said report has been submitted. The report indicates the conclusion given by Psychiatric Social Worker which is as under :- "At present his intellect in functioning at Borderline level. The personality test suggests anxiety, lack of affectivity and imaginative activity, poor conformity of thinking and constriction." Similarly, Dr.Jyoti Doshi, Psychologist, Child Guidance Clinic, Observation Home, also has given her conclusion which reads as under : "At present his intellect is functioning at borderline level. The personality test suggests - 3 - anxiety, lack of affectivity and imaginative activity, poor conformity of thinking and constriction." 4. The complainant has made a grievance that though this Court had observed in para 6 of the order that the applicant shall not threaten the prosecutrix or any of the witnesses, the maternal uncle of the applicant had assaulted the prosecutrix’s father and father’s sisters and nephews. He had invited my attention to the complaint which was lodged against the relatives of the applicants. It is also alleged in the complaint that the applicant’s relatives are pressuring the prosecutrix’s father to withdraw the complaint. 5. Taking into consideration the report filed by the Psychiatric Social Worker and Psychologist of the Child Guidance Clinic, in my view, it would be appropriate if the applicant is kept in the Observation Home for further counselling. Apart from that there appears to be clear violation of the direction given by this Court and the relatives of the applicant appear to - 4 - have threatened the prosecutrix’s father and her relatives. Taking into consideration these circumstances, in my view, this is not a fit case for grant of bail at this stage. Liberty, however, is granted to apply again after three months. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)