X Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application has been filed by the juvenile in conflict with law, through his mother as Guardian, under Sec. 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (hereinafter referred to in short as the 'JJ Act') challenging the order dtd. 23/12/2022 passed by the learned Principal Magistrate, Juvenile Justice Board, Junagadh (hereinafter referred to in short as 'JJ Board') in Criminal Case No.90 of 2022 and the order dtd. 20/5/2023 passed by the learned 3rd Additional Sessions Judge and Children Court, (POCSO), Junagadh, whereby, the bail application/s of the juvenile in conflict with law came to be rejected.

(2.) The First Information Report (FIR) being C.R. No.11203038220359 of 2022 was registered on 10/10/2022 with Mangrol Police Station, Junagadh for the offences punishable under Ss. 302, 326, 143 , 147, 148, 149, 504 and 34 of the Indian Penal Code, 1860 ( IPC ) and under Sec. 135 of the Gujarat Police Act.

(3.) Heard learned Advocate for the applicant/juvenile Mr. Divyang A. Joshi who submits that the juvenile in conflict with law is aged about 17 years. It is further submitted that though an order under Sec. 18(3) of the JJ Act has been passed to try the juvenile in the Children's Court but the act of the juvenile would not fall under the definition of 'heinous offence' as the role of the juvenile in conflict with law does not get clearly reflected in the charge-sheet. It is also submitted that the cousin brother of the juvenile had eloped with the sister of the complainant and as a result, the complainant and his brother, i.e. the deceased - Sagar had come to the house of the present juvenile. The allegations are that when the complainant and his brother had come to reprimand the accused No.4 - Ajay, brother of the juvenile, Ajay gave a blow on the head of the complainant with an iron rod. It is further alleged that the juvenile and others had caught hold of the brother of the complainant - Sagar and accused No.5 - Sarman is attributed to have given a blow to the deceased on the chest of the deceased with the screwdriver (dismiss), which resulted in to the death of the deceased. It was, therefore, prayed that considering the role of the juvenile, the present application may be allowed and the juvenile herein may be released on bail.