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GITA GOPI
Jasvantbhai Lallubhai Bhaliya (Father of Juvenile in Conflict with Law) – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Since all the juveniles in conflict with law were produced before the Juvenile Justice Board, Vadodara in connection with FIR no. 11197059220396/2022 of Jarod Police Station, Vadodara Rural for the offence under Sections 143, 147, 148, 149, 302, 323, 506(2), 504, 34 of the IPC, their bail application came to be rejected. Against that, they through their parents filed Criminal Appeal before the Children’s Court under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “the Act”), which came to be rejected and have filed Revision Application challenging the propriety and legality of the order passed by both the authorities. This Court had an occasion to deal with the bail application of a child in conflict with law and while granting bail, this Court had an occasion to deal with the provisions of Section 12 of the Act and had explicitly laid down that Section 439 of the Cr.P.C. would not be applicable on the issue of grant or denial of bail to a child alleged to have committed bailable or non-bailable offence which is dealt with by the special statute i.e. Juvenile Justice (Care and Protection of Children) Act, 2015, wh
The main legal point established is the exclusion of the provisions of the Cr.P.C. for bail applications of children in conflict with the law under Section 12 of the Juvenile Justice Act, emphasizing....
The main legal point established is the non-applicability of Section 439 of the Cr.P.C. for bail plea of a child in conflict with law under the Juvenile Justice Act.
The main legal point established in the judgment is the need to consider the provisions of the Juvenile Justice Act, 2015, particularly Section 15 and 18, in bail applications for children in conflic....
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