HEMANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for and on behalf of the respondent -State.

(2.) This application is filed, by the applicant praying for suspension of sentence vide judgement and order dtd. 4/9/2021 passed in Criminal Appeal No. 137 of 2021 by learned Additional Sessions Judge, Children Court, Court No.2, Ahmedabad and requesting to enlarge the applicant on bail till the hearing and final disposal of the captioned Criminal Revision Application.

(3.) Learned advocate for the applicant submits that impugned judgement and order is contrary to law and evidence on record. That, the case of the applicant does not fall under the exception as per the Juvenile Justice Act and therefore, bail is mandatory for counselling a child i.e. juvenile. That, learned trial Judge has erred for not granting bail in Sec. 12 of Juvenile Act to the applicant-accused for offences punishable under the Arms Act which is registered at DCB Police Station on 31.7.20221 and another offence was filed at Narol Police Station on 27/7/2021, there were two FIRs in one offence. That, learned Sessions Judge has materially erred in law for not granting bail to the juvenile. That, learned Sessions Judge as well as ld. Magistrate ought to have considered the fact that the complainant has not come with clean hands before the Court, because serious lacuna was made by the ld. Juvenile Court as well as Ld. Appellate Court. That, learned Appellate Court as well as ld. Juvenile Court have not considered the parity of the applicant - accused. That, there is no independent evidence or corroboration to the allegations made in the complaint against the applicant. That, hearing of the revision application will take long time and till then, judicial custody of the applicant would not be required. That, at present applicant is in judicial custody since August, 2021. He has requested to enlarge the applicant on bail till the hearing and final disposal of the captioned Criminal Revision Application.