SALIM MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act') is directed against the order dated 27.7.2011 passed by Addl. Sessions Judge, Court No. 1, Allahabad in criminal appeal No. 141 of 2011 as well as order dated 2.6.2011 passed by Juvenile Justice Board, Allahabad (hereinafter referred to as the 'Board') in case crime No. 22 of 2007 under Sections 302, 120-B IPC, PS Sarai Mamrej, District Allahabad whereby the application for bail of revisionist Salim Mohammad was rejected.

(2.) The revisionist is an accused in the aforesaid criminal case. He was declared juvenile in conflict with law vide order dated 11.11.2009. His first bail prayer was rejected by the Board on 1.7.2010. Second application for bail was moved on behalf of the revisionist before the Board on the ground that he has completed 4 years in jail and in view of provisions of Section 15(1)(g) of the Act and Rule 15(13) of the Juvenile Justice (Care and Protection of Children) Rules, 2007, (hereinafter referred to as the 'Rules'), he cannot be detained for a period more than 3 years. The second bail prayer was rejected by the Board on the ground that his earlier bail application was rejected vide order dated 1.7.2010 passed by the Board and, therefore, second bail application was not maintainable.

(3.) Feeling aggrieved, the revisionist preferred the aforesaid criminal appeal, which was dismissed by Addl. Sessions Judge on the ground that the appellant was declared a juvenile vide order dated 11.11.2009 and, therefore, his detention under the Act commences from 11.11.2009 and the period prior to 11.11.2009 spent by him in jail cannot be taken into account for the purposes of Section 15(g) of the Act and Rule 15(13) of the Rules, 2007.