AKHILESH Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) Heard Counsel for the revisionist and A.G.A. for the State. No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved. This criminal revision is directed against the order dated 23.9.2010 passed by Sessions Judge, Bulandshahar in bail appli­cation No. 1588 of 2010, whereby application for bail moved on behalf of the revi­sionist Akhilesh was forwarded to Juvenile Justice Board, Meerut (hereinafter referred to as the 'Board') for disposal. The revisionist was an accused in S.T. No. 108 of 2010 arising out of case crime No. 336 of 2009 under sections 342, 364, 363, 366, 506, 302, 201 IPC, P.S. Kotwali Nagar, District Bulandshahar. The revision­ist was declared a juvenile in conflict with law by order dated 5.9.2010 passed by Sessions Judge, Bulandshahar. Learned Counsel for the revisionist submitted that under section 6 (2) of the Juvenile Justice (Care and Protection of Children) Act, 1973 (hereinafter referred to as the 'Act'), the learned Sessions Judge was competent to decide the bail applica­tion of the revisionist and the same should not have been forwarded to the Board for disposal.

(2.) THE revisionist was declared a ju­venile by learned Sessions Judge exercising the powers under section 7-A of the Act. Thereafter, the case was referred to the Board. Powers under section 6 (2) of the Act can be exercised by learned Sessions Judge or by this Court only when the pro­ceedings come before them in appeal, revi­sion or otherwise. The bail application has to be disposed of by the Board in accor­dance with section 12 of the Act. If the application for bail is rejected by the Board, then the powers to grant bail can be exer­cised by learned Sessions Judge under sec­tion 52 of the Act and subsequently in the revision by the High Court under section 53 of the Act.