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VIJAY KUMAR SHUKLA
MAHESH RAO s/o RAMESHWAR – Appellant
Versus
STATE OF M. P. – Respondent
JUDGMENT :
1. The present Revision is filed under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act, 2000), being aggrieved by the order passed by First ASJ, Mandsaur, District - Mandsaur (M. P.) in Criminal Appeal No. 410/2023 vide order dated 23-1-2023 dismissed the appeal of the applicant filed under section 101 of the Juvenile Justice Act affirming the order of Principal Magistrate, Juvenile Justice Board, Mandsaur whereby the application under section 12 of The Act, 2000.
2. The minor is an accused in crime No. 345/2022, for commission of offences under section 302, 201, 120-B of Indian Penal Code, registered at Police Station-Daloda, District-Mandsaur. On behalf of accused Krish Rao being a minor person his father Mahesh Rao filed an application under section 12 of the Juvenile Justice Act before Juvenile Justice Board (in short JJB) which was rejected by the Principal Magistrate, Mandsaur by order dated 16-1-2023. The applicant father filed an appeal under section 101 of The Juvenile Justice Act, 2015 before the ASJ, Mandsaur. By the impugned order, the said Appeal has also been rejected.
3. In a nutshell the facts o
The gravity of the offense alone cannot be the sole consideration for denying bail to a juvenile under the Juvenile Justice Act.
The main legal point established in the judgment is that the Juvenile Justice Board must consider the mandatory provisions of the Juvenile Justice Act and make an objective assessment based on reason....
The court emphasized that the gravity of the offence alone does not justify denying bail to juveniles; potential dangers to society and the juvenile's welfare must be considered.
Point of law: Thus it is law that a bail application of a juvenile can be rejected only :-(i) If there appears reasonable ground for believing that the release is likely to bring the juvenile into as....
The main legal point established in the judgment is that the gravity of the offence, the welfare of the victim, and the concerns of society must be considered when deciding on bail for a juvenile in ....
If the juvenile is released on bail, he will be exposed to moral, physical or psychological danger and confirmed the order of the Juvenile Justice Board and rejected the appeal of the juvenile.
Juvenile must be granted bail unless specific grounds for denial are substantiated.
Rejection of bail for juveniles must be based on proven risk factors, not just the seriousness of the charge; rehabilitation is prioritized under juvenile law.
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