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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Abdul Kayum Barbhuiya, S/o. Sahab Uddin Barbhuiya – Appellant
Versus
State Of Assam, To Be Represented By The Public Prosecutor, Assam – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. A.M Barbhuiya, learned counsel for the appellant as well as Mr. K.A. Mazumder, learned counsel for the respondent no.2. Also heard Ms. S. Bora, learned Additional Public Prosecutor for the State of Assam.
2. This appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is preferred against the judgment and order dated 06.07.2022, passed by the learned Sessions Judge, Hailakandi in Sessions (Child) Case No. 83/2019, convicting and sentencing the appellant to undergo 7 (seven) years stay in a Corrective Home under Sections 364(A)/302/201/34 IPC.
3. It is submitted that the only relief sought for by the appellant, at this stage, is that the period of detention undergone by the appellant prior to the passing of the impugned judgment and sentence should be set off as no such order is available in the impugned judgment.
4. On the other hand, learned counsel appearing for the informant submits that the place of safety where the appellant had stayed prior to the passing of the judgment is not the same as the observation home/correction home where he has been placed after the passing of the judgment.
5. It may
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Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
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