No Direct Involvement To Consider As Criminal Culpability: Gujarat HC Grants Bail To Child In Conflict With Law In Abetment To Suicide Case
The Gujarat High Court granted bail to a child in conflict with law in abetment to suicide case while noting that there was no direct involvement to consider as criminal culpability.
The Court said that the CCL’s detention would affect him mentally, physically and emotionally and his development would get obstructed.
The Court was hearing a Revision Application filed by the child in conflict with the law (CCL) through his mother as Guardian, under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 challenging the orders that rejected the bail application/s of the child/juvenile in conflict with law In a case registered for the offences punishable under Sections 108, 115(2), 308(5) and 54 of the Bharatiya Nyaya Sanhita, 2023.
The bench of Justice Gita Gopi observed, “There is no direct involvement of CCL to consider as criminal culpability. Further, CCL’s detention would affect him mentally, physically and emotionally and his development would get obstructed.”
Advocate PP Majumdar appeared for the Appellant and APP Krina P Calla appeared for the Respondent.
Brief Facts-
The FIR noted that the accused No.1 Vishal Jadeja Darbar of M/s. V.M. Metals had to recover some amount from the deceased. Hence, with an atrocious demand of money and forcibly and under the threat the accused No.1 had got a note executed in writing. Because of this forcible and atrocious demand of money, the deceased Ashokbhai, his wife Liluben, son Jignesh and daughter Kinjal committed suicide.
The Court noted that both the Courts below have not examined the aspect by calling upon the Report of the Probation Officer. “…both the Courts have also failed to note as to whether the CCL would be exposed to moral, physical or psychological danger and to examine these aspects, the Report was required to be called upon.”, the Court added further.
The Court noted that it is not the case of the prosecution that the CCL had beaten the deceased and the role attributed to the CCL is that of videographing / recording the entire event.
The Court perused Section 54 BNS, a deeming provision to consider that when the person is present, he would be liable to be punished as an abettor and would be punished for the consequences of abetment. The Court said that the CCL had not committed such an act or offence. The Court said, “Both the Courts below are required to call upon the psychologist’s Report to examine the fact as to whether the deeming provision under Section 54 of BNS could be attracted qua the CCL and whether the presence of CCL at the place of offence was intentional.”
The Court set aside the impugned orders.
Accordingly, the Court allowed the Bail Application.
Cause Title: PRATIPALSINH GUNVANTSINH JADEJA THRO GAJRABA GUNVANTSINH JADEJA V. STATE OF GUJARAT (Neutral Citation: 2024:GUJHC:46202)
