PARVESH MAVI Vs. THE STATE.

JUDGEMENT

(1.) The petitioner, a juvenile, has been in custody since February, 2007 in pursuance to FIR No. 25 dated 16.01.2007.

(2.) The case of the prosecution is that the deceased Mahmood was waylaid on 15.01.2007 by the petitioner and the other co-accused at Khajuri Pushta Road, Near Titiksha Public School, Delhi when he was going on his scooter. The deceased is alleged to have been put inside the car in which the petitioner and the adult co-accused were travelling with the car being driven by the said co- accused. The deceased was murdered and his dead body was thrown out and the amount alleged to be in the custody of the deceased was taken by the petitioner and the other co-accused.

(3.) The petitioner moved the Juvenile Justice Board for grant of bail which was declined by the Order dated 08.06.2007. The Board took cognizance of the fact that the present case fell within the exceptions as specified in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('the said Act' for short) as there was a possibility of the petitioner returning to the same local environment if he was released on bail. What appears to have weighed with the Board is also the fact that there were four other cases pending against the petitioner. Out of these four cases, two cases are stated to be in the nature of family feuds and the Board was of the view that it was the responsibility of the parents and the other elders in the family of the delinquent to keep him away from such family conflicts.