SHAHIL SANTOSHBHAI TADE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

(2.) This application has been filed by the juvenile in conflict with law through his mother as a guardian under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereainafter referred to in short as the 'JJ Act') challenging the legality and the propriety of the order of the Juvenile Justice Board (for short 'J.J. Board') and the Children's Court.

(3.) Mr. Kishan H.Daiya, learned Advocate for the applicant submitted both the courts have failed to appreciate Sec. 12 of the J.J. Act and has erred in deciding the matter of the juvenile, as was dealing bail application under Sec. 439 of the Cr.P.C. Advocate Mr. Daiya submitted that four of the major accused and three juveniles have been granted bail.