JASVANTBHAI LALLUBHAI BHALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all the juveniles in conflict with law were produced before the Juvenile Justice Board, Vadodara in connection with FIR no. 11197059220396/2022 of Jarod Police Station, Vadodara Rural for the offence under Ss. 143, 147, 148, 149, 302, 323, 506(2), 504, 34 of the IPC, their bail application came to be rejected. Against that, they through their parents filed Criminal Appeal before the Children's Court under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "the Act"), which came to be rejected and have filed Revision Application challenging the propriety and legality of the order passed by both the authorities. This Court had an occasion to deal with the bail application of a child in conflict with law and while granting bail, this Court had an occasion to deal with the provisions of Sec. 12 of the Act and had explicitly laid down that Sec. 439 of the Cr.P.C. would not be applicable on the issue of grant or denial of bail to a child alleged to have committed bailable or non-bailable offence which is dealt with by the special statute i.e. Juvenile Justice (Care and Protection of Children) Act, 2015, which contains specific provision for bail under Sec. 12 of the Act. In the case of Child in Conflict with Law Through Savitaben Vitthalbhai Vasava v. State of Gujarat, 2022 (0) AIJEL-HC 244005 (passed in CRRA no.901 of 2021 on 28/4/2022), it has been observed as under:-

(2.) The bail for the juvenile in conflict of law who is also ordered to be tried in the Children's Court as that of an adult in an offence alleged to have been committed heinous offence, both the authorities while dealing with the bail application is required to keep in mind the provision of Sec. 12 of the Act. In all the matters, J.J. Board and the Appellate Court has referred to the Probation Officer's report.

(3.) In Criminal Revision Application no.121/23, the report suggests that there is no criminal history of the family members. The child respects his elders who is studying in Std.12 pursuing Arts faculty and according to the child, he was not involved in the incident and further, the Probation Officer's report suggests that the child is interested in studies.