PRADEEP KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), the petitioner has challenged legality and propriety of the order dated 30-8-2012 passed by the Juvenile Justice Board. Bilaspur in an unregistered criminal case, whereby the Juvenile Justice Board has denied the claim of set-off of detention of juvenile during the pendency of" enquiry of the offence.

(2.) I have heard learned Counsel for the parties, perused the order impugned, copy of the judgment dated 21-3-2012 passed by the Juvenile Justice Board, Bilaspur in Criminal Case No. 338/2009, copy of the judgment dated 12-6-2012 passed by the 2nd Additional Sessions Judge, Bilaspur in Criminal Appeal No. 123/2011 affirming the judgment passed by the Juvenile Justice Board, and copy of the order dated 9-7-2012 passed by this Court in Criminal Revision No. 416/ 2012.

(3.) LEARNED Counsel for the petitioner submits that the petitioner is in custody since 16-9-2009, therefore, he has completed his period of detention of three years on 15-9-2012. The petitioner is required to be released on 15-9-2012. The petitioner has filed application for set-off and release before the Juvenile Justice Board, but same has been dismissed vide order dated 30-8-2012. Learned Counsel further submits that the petitioner has been convicted and directed for detention in special home for three years under Section 15 (1) (g) of the Act. As per the proviso to sub-section (2) of Section 16 of the Act, his period of detention should not exceed in any case the maximum period provided under Section 15 (1) (g) of the Act. The petitioner has already completed the maximum period of detention of three years. Therefore, he is entitled for release with immediate effect. Learned Counsel also . submits that the petitioner is entitled for set-off for the period of detention in accordance with Section 428 of the Code.