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VIJAY KUMAR SHUKLA
Juvenile X – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
Heard on IA No.8785/2024, which is the second application for suspension of jail sentence filed under section 389 of Cr.P.C.
2. The present appeal is filed under Section 101 of the Juvenile (Care and Protection of Children) Act, 2015 (hereinafter referred as Act) against the order of conviction under Section 302 of IPC for 7 years RI with fine of Rs.3000/-, in default of payment of fine, 3 months RI; under Section 201 of IPC for 3 years RI with fine of Rs.2000/-, in default of 2 months RI passed by 4th ASJ, Juvenile Court, Dist. Shajapur by judgment dated 21.12.2023 in SPST No.41/2021 arising out of Crime No. 171/2021.
3. The earlier application for suspension of sentence was rejected by the order dated 10.04.2024, considering the report of the Probation Officer in which it was stated that the applicant’s father works as a chowkidar and has a habit of consuming alcohol, while the applicant’s mother is a housewife, both of whom are unable to look after him. Additionally, the applicant has an unmarried sister, Shivani. The report also reflects that the applicant is unemployed and faces financial difficulties, with the family consisting only of his parents and unmarried sister
The court emphasized that the seriousness of the offence cannot solely justify denial of bail for a child in conflict with law, prioritizing rehabilitation and accurate reporting by the Probation Off....
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
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.
Bail for juveniles is mandatory unless specific grounds exist showing that release may harm their welfare or obstruct justice, emphasizing rehabilitation over punishment.
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
The detention of a juvenile in an adult jail after being declared a juvenile contravenes the Juvenile Justice Act and constitutes a violation of constitutional rights, necessitating immediate correct....
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail should generally be granted to juveniles, with serious offenses not excluding this unless specific safety or justice concerns arise. Emphasis on rehabilitation within the juvenile justice system....
Pending preliminary assessment, possibility of tampering with evidence, and influencing witnesses are valid reasons for dismissing a bail application, and the custody period and lack of progress in t....
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