Mohan Mali & Anr vs State Of M.P

1. This Appeal, which arises out of Special Leave Petition (Crl.) No.6276 of 2007, is directed against the judgment and order of the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.898 of 1997, challenging the judgment and order 2 of conviction passed by the Addl. Sessions Judge, Dhar, in Sessions Trial No.366 of 1994. By virtue of the said judgment, the Appellants, along with two other co-accused, were convicted under Sections 302/34, 326/34 and 324/34 of Indian Penal Code and sentenced to life imprisonment along with fine of Rs.5,000/- for the offence under Section 302/34 IPC, three years' rigorous imprisonment along with fine of Rs.500/- for the offence under Section 326/34 IPC and one year's rigorous imprisonment along with fine of Rs.500/- for the offence under Section 324/34 IPC along with further sentence in default of payment of fine. It may be mentioned that the Special Leave Petition filed by one of the other co-accused, Bhagwan, being S.L.P.(Crl.) No.540 of 2008, was rejected on 16th April, 2008, when notice was issued on S.L.P.(Crl.) No.6276 of 2007.

2. On 17th July, 2009, when the Special Leave Petition came up for admission, leave was granted and the hearing of the appeal was expedited. However, the Appellants' prayer for bail was rejected at that stage. When the matter was being heard for grant of leave, a plea of juvenility was made on behalf of Appellant No.2, Dhanna Lal, and this Court observed that in the event Dhanna Lal was able to provide proof of his claim that he was a juvenile on the date of the incident, he would be at liberty to apply afresh for grant of bail with such supporting evidence. Pursuant thereto, a fresh bail application was filed on behalf of Dhanna Lal on 27th January, 2010, annexing a copy of the Birth Certificate of Dhanna Lal issued by the Chief Registrar (Birth and Death), Municipal Corporation, Dhar, under Section 12 of the Birth and Death Registration Act, 1969, maintained by the Corporation. From the said certificate it appears 4 that Dhanna Lal's date of birth was recorded as 12th November, 1976 and was registered on 17th November, 1976, making it a document which was contemporaneous with his birth. Upon due verification, it was confirmed on behalf of the State of Madhya Pradesh that the Appellant No.2, Dhanna Lal, was a juvenile on the date of commission of the offence. Appearing for the State, Mr. Pramod Swarup, Senior Advocate, very fairly submitted that Dhanna Lal was, therefore, entitled to the benefit of Section 7A read with Section 64 of the Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as `the 2000 Act'.

10. Having regard to the fact that the Appellant No.2, Dhanna Lal, was a minor on the date of 1 commission of the offence, and has already undergone more than the maximum sentence provided under Section 15 of the 2000 Act, by applying the provisions of Rule 98 of the 2007 Rules read with Sections 15 and 64 of the 2000 Act, we allow the appeal as far as he is concerned and direct that he be released forthwith. The bail application filed on his behalf is also disposed of, accordingly.

11. Let the appeal, as far as the other accused, Mohan Mali, is concerned, be listed for hearing separately.

________________J.

(ALTAMAS KABIR) ________________J.

(CYRIAC JOSEPH) New Delhi Dated: 28th April, 2010.

Crl. Misc. Peition No. 6426 of 20010 in CR. APPEAL NO. 1305 OF 2009 MOHAN MALI & ANR. Appellant (s) VERSUS STATE OF M.P. Respondent (s) Date : 28/04/2010 This Petition was called on for judgment today.

For Appellant (s) Mr. Rajesh,Adv.

For Respondent(s) Mr. C.D. Singh,Adv.

Hon'ble Mr. Justice Altamas Kabir pronounced the order of the Bench comprising His Lordship, and Hon'ble Mr. Justice Cyriac Joseph.

The appeal as far as Dhanna Lal is concerned is allowed and he be released forthwith. The bail application filed on 1 his behalf is also disposed of accordingly.

Let the appeal, as far as the other accused, Mohan Mali, is concerned, be listed for hearing separately.

(Signed Reportable order is placed on the file.)