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GITA GOPI
Shahil Santoshbhai Tade (Juvenile) Thro Rekha Santosh Tade (Jogi) – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.
2. This application has been filed by the juvenile in conflict with law through his mother as a guardian under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereainafter referred to in short as the ‘JJ Act’) challenging the legality and the propriety of the order of the Juvenile Justice Board (for short ‘J.J. Board’) and the Children’s Court.
3. Mr. Kishan H.Daiya, learned Advocate for the applicant submitted both the courts have failed to appreciate section 12 of the J.J. Act and has erred in deciding the matter of the juvenile, as was dealing bail application under section 439 of the Cr.P.C. Advocate Mr. Daiya submitted that four of the major accused and three juveniles have been granted bail.
3.1 Advocate Mr. Daiya submitted that section 12 of the J.J. Act mandates despite anything contained in Cr.P.C. or under any law for the time being in force, juvenile be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. Advocate Mr. Daiya submitted that juvenile
Juveniles are entitled to bail under Section 12 of the JJ Act unless there are compelling reasons to deny it, including assessments of their mental capacity.
The main legal point established in the judgment is that a juvenile, accused of a heinous crime, should be considered for bail under the provisions of Section 12 of the Juvenile Justice Act, taking i....
A juvenile in conflict with the law, even when tried as an adult, is entitled to the statutory right to bail under Section 12 of the Juvenile Justice Act, unless there are reasonable grounds to belie....
The gravity of the offense is immaterial in deciding a juvenile's bail application, and bail cannot be rejected in a routine manner. A reasoned order is required when denying bail to a juvenile, and ....
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