REHAN PARVEZBHAI KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application has been filed by the juvenile in conflict with law under Sec. 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act) challenging the order dtd. 28/6/2023 passed by the learned Principal Magistrate, Juvenile Justice Board, Junagadh (JJ Board) in Criminal Misc. Application No. 630 of 2023 and the order dtd. 24/7/2023 passed by the learned 3rd Additional Sessions Judge, Junagadh (Children's Court) in Criminal Appeal No. 41 of 2023, whereby, the bail applications of the juvenile in conflict with law came to be rejected. The FIR being C.R. No. 11203023230610 of 2023 was registered on 17/6/2023 with 'A' Division Police Station, Junagadh for the offences punishable under Ss. 302, 307, 326, 324, 323, 332 , 333, 353, 143, 144, 145, 147, 149, 151, 152, 341, 427, 435, 440, 34 , 120-B of the Indian Penal Code, 1860 ( IPC ), Ss. 3 and 4 of the Prevention of Damage to Public Properties Act, 1984 and Sec. 135 of the Gujarat Police Act against 31 accused persons.

(2.) Learned advocate Mr. A. S. Timbalia for the juvenile in conflict with law submitted that this application is filed by the juvenile in conflict with law through his father. That, on 16/6/2023, the incident had occurred at Junagadh city where, demolition of religious place was in process and mob had gathered there to protect the place and in the result, conflict took place between the police and the mob and because of some stone pelting, one person died and thereafter, the FIR came to be registered. Mr. Timbalia submitted that the role, which has been attributed to the applicant - juvenile in conflict with law is of his presence at the time of incident, which could be gathered as the juvenile had recorded the whole incident in his mobile where, Mr. Timbalia stated that actually, he had gone to a market place for purchase of food for dinner for the family and on the road, when he saw the incident, he, out of his childlike inquisitiveness, recorded the incident and the police having found the video in his mobile has arraigned him in the crime. Mr. Timbalia further stated that the very act of recording the incident itself suggest that he would not have been the party to the crime.

(3.) Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the respondent - State submitted that the learned JJ Board has considered SIR and has found that the juvenile in conflict with law has created interference in the police duty and has committed the offence of throwing stones and thus, stated that discretion should not be exercised in favour of the juvenile.