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2022 Supreme(Guj) 308

B.N.KARIA
Hemant – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Punam G. Gadhvi and Krushangi R. Joshi, Advocate.
For the Respondents:Hardik Soni, Advocate.

JUDGMENT :

B.N. Karia, J.

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent -State.

2. This application is filed, by the applicant praying for suspension of sentence vide judgement and order dated 21.10.2021 passed in Criminal Appeal No. 205 of 2021 by learned Additional Sessions Judge, Children Court, Court No. 2, Ahmedabad and requesting to enlarge the applicant on bail till the hearing and final disposal of the captioned Criminal Revision Application.

3. Learned advocate for the applicant submits that impugned judgement and order is contrary to law and evidence on record. That, the case of the applicant does not fall under the exception as per the Juvenile Justice Act and therefore, bail is mandatory for counseling a child i.e. juvenile. That, learned trial Judge has erred for not granting bail in Section 12 of Juvenile Act to the applicant-accused for offences punishable under the Arms Act which is registered at Narol Police Station on 27.7.2021, there were two FIRs in one offence. That, learned Sessions Judge has materially erred in law for not granting bail to the juvenile. That, learned Sessions Judge as well as ld. Magistrate ought to hav

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